Optimizing Case Outcomes with Expert Roles in Alternative Dispute Resolution

In an era where legal disputes are becoming increasingly complex and court processes longer, the appointment of special masters or discovery referees can offer a key strategy for improving case efficiency and enhancing the effectiveness of Alternative Dispute Resolution (ADR). Their role, especially important in tech-related and complex cases, has expanded to address specific needs for technical expertise and case management. This webinar explores the multifaceted role of Special Masters and their transformative potential, shedding light on the nuanced rules governing their appointment and function, and offering attorneys practical guidance on their selection and retention.
In this webinar, our expert panelists introduce viewers to the responsibilities of special masters and the many advantages to appointing them in ADR proceedings. The speakers begin by explaining what a special master does and the differences between the various types of special masters. They continue by explaining the increased tendency in appointing special masters that originated during COVID and review a case involving the work of a special master. The panelists go on to outline the applicable Federal Rules of Civil Procedure to special master appointments. Finally, speakers discuss their recommendations and best practices in considering and executing the appointment of a special master.
The topics that will be covered in this course are:
1. Introduction to Special Masters
2. Special Masters in Federal Courts: The Applicable Rules
3. Tips for Selecting and Retaining a Discovery Referee or Special Master
This course is brought to you by Legal Cyber Academy and is taught by Yoav Griver, Partner, Zeichner Ellman & Krause, Hon. Richard Kramer, Mediator, Arbitrator, Neutral, JAMS, and Claude M. Stern, Esq., Mediator, Arbitrator, Neutral, JAMS.

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

Partner at Zeichner Ellman & Krause LLP
Yoav M. Griver is a partner in the firm’s litigation group where he focuses on representing clients in complex commercial matters. Prior to joining ZEK, Yoav was Litigation Counsel to Weil, Gotshal & Manges LLP, where he litigated a variety of commercial and intellectual property matters for clients in the banking, credit, transportation, insurance, computer software and electronic industries. Before that, Yoav prosecuted banking conspiracy, stock fraud and other cases on behalf of the Israeli Ministry of Justice where he was a member of the Ministry’s Economics Unit. Yoav’s many proud moments as a trial attorney include successfully defending Hitachi America in the longest customs fraud trial in the history of the Court of International Trade; successfully defending MasterCard in a multi-district putative class action against claims that MasterCard was responsible under RICO for internet gambling; recovering a verdict on behalf of a class of minority schoolchildren in a prominent civil rights case; successfully defending GMAC in a class action alleging violations of RICO, the Sherman Act, state and federal credit repair organization statutes, and state UDAP statutes; and successfully defending Tellium Inc. in a protracted case involving allegations of breach of contract, unjust enrichment, and fraud upon the United States Patent and Trademark Office. Yoav is co-editor and author of the multi-year treatise, Dispute Resolution and e-Discovery, published by Thomson Reuters. He also writes on a wide variety of legal topics for such publications as The Business Lawyer, The Consumer Financial Services Law Report, Law 360, Bloomberg, and the Journal of Proprietary Rights. He received his J.D. with honors, Order of the Coif, from the University of Texas School of Law in 1991, where he was a member of the Texas International Law Journal, and his B.B.A. with honors from the University of Texas in 1988. Outside the office, Yoav volunteers his time to the Lawyers’ Committee for Civil Rights Under Law and the Office of the Appellate Defender. Yoav also is an Adjunct Professor at NYU. Where he teaches courses at NYU on Sports Law and Sports Management.

Mediator, Arbitrator, Neutral at JAMS
Hon. Richard Kramer (Ret.) joins JAMS as a full-time neutral after nearly two decades as a well-respected judge in San Francisco Superior Court. For the thirteen years prior to joining JAMS, he presided over cases in the Court's Complex Litigation Department. Lauded as astute and energetic by his fellow judges, he has also been called the "architect of complex litigation" management by attorneys. He is highly regarded for his smart, practical approach to difficult cases as well as his pragmatic approach towards settlement. During his prestigious judicial career, Judge Kramer presided over all stages of civil cases, particularly those designated as "complex" due to their need for close judicial supervision. He is known for his hands-on management of all phases of the case, including organizing the progress of the litigation, establishing cost-efficient discovery plans and resolving discovery disputes, as well as offering appropriate assistance with settlement. Judge Kramer has heard hundreds of cases involving a wide array of legal issues in such areas as consumer and commercial financial services, employment law, antitrust, unfair business practices, taxation, insurance coverage and allocation, construction defects, interpretation of legislation, judicial review of administrative determinations, drug and medical device mass torts, water rights, environmental claims (including under California Proposition 65), and a variety of complicated contractual and business disputes. Prior to his time on the bench, Judge Kramer practiced commercial trial law for 24 years in practice areas that included anti-trust, restructuring of businesses in the context of bankruptcy, and general commercial litigation. He tried dozens of cases throughout California and in several states, including class actions, environmental litigation, employment cases, construction disputes, SEC Enforcement Division investigations, shareholder class actions, fraud cases, and banking matters.

Mediator, Arbitrator, Neutral at JAMS.
Claude M. Stern is an attorney with more than 40 years of experience, during which time he gained extensive national experience in all areas of intellectual property, licensing, allegedly defective technology and complex civil litigation. Mr. Stern served as co-chair or chair of Quinn Emanuel Urquhart & Sullivan’s national intellectual property litigation practice, the largest practice area within Quinn Emanuel, from 2003 through 2021. Mr. Stern was the lead trial counsel in numerous precedent-setting cases within the intellectual property field. He also has had substantial experience in litigating and settling technology performance class-action cases, particularly involving allegations of defective software and hardware, and has spoken widely on the subject. He has tried jury and non-jury cases in state and federal courts throughout the United States and has extensive arbitration and mediation experience, as well as extensive litigation experience before various federal and state agencies, including the Federal Trade Commission. In 2006, he served as president of the Association of Business Trial Lawyers, the most prestigious bench-bar educational organization for trial lawyers in California. Mr. Stern was repeatedly recognized as one of the preeminent intellectual property trial lawyers and litigators in Silicon Valley, California and the United States by such publications as Chambers: America’s Leading Lawyers for Business (2006–2020), Law Dragon, San Francisco magazine and San Jose magazine. He has also consistently been recognized as one of California’s Super Lawyers (2004–2020). From 2010 through 2020, Chambers identified him as one of eight lawyers in California designated as Band 1, or “most recommended.” Chambers observed that he “is held in high regard for his work across patent, trademark, copyright, and trade secrets.” The 2020 publications for Chambers USA and Chambers Global ranked Mr. Stern Band 1 for Intellectual Property: Trademark, Copyright & Trade Secrets.