hero-find-an-arbitrator

Phone: (303) 295-8162

555 17th Street, Suite 3200

Denver, CO 80202

Jane Michaels

Current Employer:

Holland & Hart LLP

Areas of Expertise:

✔ Appellate ✔ Banking & finance
✔ Biotech ✔ Commercial/Business
✔ Contract Disputes ✔ Copyrights
✔ Family Businesses ✔ Intellectual Property
✔ International ✔ Internet
✔ Licensing ✔ Partnerships
✔ Real Estate ✔ Software
✔ Sports ✔ Technology
✔ Telecommunications ✔ Torts
✔ Trademarks ✔ Trade Secrets and Confidentiality Disputes

Experience:

After more than 35 years’ experience litigating sophisticated business and technology disputes, Michaels now exclusively provides arbitration, mediation, and early neutral evaluation services. Michaels was selected for membership in the National Academy of Distinguished Neutrals and is certified by the American Arbitration Association (AAA) as a mediator and arbitrator. She serves on the AAA’s Complex Commercial Arbitration and Mediation Panels and as an arbitrator for the International Centre for Dispute Resolution. Michaels understands how the escalating costs of litigation, particularly during the discovery process, impact an organization’s bottom line and business goals. She conducts arbitration efficiently, cost-effectively, and fairly for all parties to the dispute.

With decades of experience as a trial lawyer, Michaels has successfully handled hundreds of complex commercial and intellectual property disputes, including trademark, trade secrets, patent, and copyright cases. She advises clients across a diverse range of industries, including telecommunications, computers/electronics, internet and e-commerce, biotech, publishing, finance, manufacturing, retail, sports, entertainment, real estate, and oil and gas.

Work History:

Arbitrator & Mediator, Holland & Hart LLP, 1991 – present
Partner, 1980 – present; Holland & Hart LLP Trial Lawyer in Intellectual Property and Commercial Disputes; Trial Practice Chair

Cases:

Representative experience of recent matters handled as an arbitrator include:
• Disputes involving trademark infringement and dilution
• Disputes involving defective software performance and misrepresentations regarding software's functionality, stability, readiness, and cost of implementation
• Disputes involving misappropriation of trade secrets, fraud, and breach of contract arising out of potential acquisition of a competitor's medical device
• Royalty dispute arising out of a Patent License Agreement covering wireless digital technology, including counterclaims for violation of antitrust law, breach of contract, fraudulent inducement to contract, and patent misuse
• Valuation dispute involving ownership of limited liability company
• Franchise dispute involving territorial restrictions
• Software sub-contractor dispute involving termination of rights
• Electronic commerce dispute involving alleged underpayment and improper practices by website owner
• Dispute involving enforcement of non-compete covenant against terminated franchise
• Patent royalty dispute based on a Research Collaboration Agreement in the biotech industry
• Disputes involving improper sub-licensing of software products covered by a patent license agreement
• Dissolution of business partnership in connection with claims of misappropriation of partnership assets, unjust enrichment, and fraud
• Disputes involving termination of franchise agreements
• Licensing dispute in which exclusive licensee sought declaratory relief, injunctive relief and compensatory damages, including lost profits

Training:

• Faculty, Arbitrators' Roundtable "How to Maximize Efficiency in Arbitration," May, 2018
• ACE 14 - Red Flags & Risk Areas: Challenges to Arbitrator Authority, 2017
• ACE 13 - Dealing with Difficult Attorneys in Arbitration, 2016
• AAA Essential Mediation Skills, 2016
• AAA eDiscovery - Arbitration in a Digital World (ACE012), 2016
• AAA Arbitration Update: Developments in the Colorado Law of Arbitration, 2007
• AAA Dealing with Delay Tactics in Arbitration (ACE004), 2007
• Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005
• Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004
• Faculty, AAA Commercial Arbitration II Training: Motions Practice in Arbitrations, 2004
• Annual Arbitrator Update, 2002
• AAA Commercial Arbitrator II Training: Advanced Case Management Issues, Denver, 2001
• AAA Commercial Arbitrator Training, San Francisco, 2000
• AAA Basic Arbitrator Training, Denver, 1990

License:

Admitted to the Bar: Colorado
United States Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the District of Columbia
USDC Eastern District of Texas
USDC District of Colorado

Awards:

• Benchmark Litigation, Top 250 Women in Litigation, 2012-2017; Local Litigation Star, 2010-2018
• Best Lawyers in America© Lawyer of the Year, Litigation - Patent, Denver, 2012
• Best Lawyers in America© Commercial Litigation, 1991-2018; Litigation - Intellectual Property, Litigation - Patent, 2011-2018
• 5280 Magazine Top Lawyers for experience in Alternative Dispute Resolution and Civil Litigation, 2018
• IAM Patent 1000–The World’s Leading Patent Practitioners, Gold-rated Patent Litigator in Colorado, 2012, 2013, 2015, 2016
• Colorado Super Lawyers®, Intellectual Property Litigation, 2006-2017; ADR, 2018; Top 25 Female Lawyers and Top 50 Female Lawyers; Top 50 Lawyers and Top 100 Lawyers
• Chambers USA: America’s Leading Lawyers for Business, Intellectual Property Litigation and Commercial Litigation, 2007-2017
• Lawdragon, 500 Leading Lawyers in America, 2010-2011, 2013-2018
• National Law Journal, Top Ten Trial Lawyers in Colorado
• Selected by in-house counsel for inclusion in the Corporate Counsel Black Book of Leading Lawyers in the United States

Panels:

American Arbitration Association, Panel for Complex Commercial Arbitration and Mediation
International Centre for Dispute Resolution

Associations:

National Academy of Distinguished Neutrals
American College of Trial Lawyers, Fellow
International Academy of Trial Lawyers, Fellow
International Society of Barristers, Fellow
American Arbitration Association, Certified Mediator and Arbitrator
International Centre for Dispute Resolution, Arbitrator
Litigation Counsel of America, Fellow
Colorado Bar Association, Past Vice President
Denver Bar Association, Past President

Education:

Boston University, J.D. cum laude; Law Review; Harvard University, M.A.T, with Honors; Wellesley College B.A., with Distinction

Publications:

Recent publications include:
• "Effective Advocacy in Arbitration," Colorado Lawyer, April 2018
• "Enforcing Arbitration Awards in Colorado," Practical Law – A Thomson Reuters Publication, 2016
• "Practical Tips to Maximize the Benefits of Arbitration," The Knowledge Group, 2015
• "Personal Memoir; Indelible Memories of My Clerkship with Judge William E. Doyle," Denver Law Journal, 2013
• "Computerized Case Management: Trial Practice in the 21st Century," International Commercial Litigation, Co-Author, 1998
• "The Other Side of Markman," National Law Journal (Intellectual Property Issue), Co-Author, May 1996
• "Rule 408: A Litigation Minefield," ABA, Litigation Magazine, Fall 1992

Miscellaneous:

Recent speaking engagements include:
• “Effective Communication with Arbitrators from Initial Submissions to Award," American Arbitration Association, May 2018
• “Practical Tips to Maximize the Benefits of Arbitration,” The Knowledge Group, June 2015
• “Developing a Trade Secret Protection Plan,” 11th Annual Rocky Mountain Intellectual Property and Technology Institute, May 2013
• “Trial Advocacy Tips: What Jurors Really Think,” Thompson Marsh Inn of Court, February 2013
• “Examining the Key Elements of a Compelling Closing Argument, Winning Trial Tactics and Skills,” American College of Trial Lawyers seminar, November 2010
• “Obtaining and Resisting Injunction in IP Cases: What Lawyers and Litigants Need to Know,” 8th Annual Rocky Mountain Intellectual Property and Technology Institute, June 2010
• “Developments in the Digital World: Blogs, User Created Content and Secondary Liability,” 6th Annual Rocky Mountain Intellectual Property and Technology Institute, June 2008

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