Maximizing Case Efficiency: Untapped Potential of Using Discovery Referees and Special Masters in ADR

Yoav Griver

Partner, Zeichner Ellman & Krause LLP

Zeichner Ellman & Krause LLP

Yoav M. Griver is a partner in the litigation group at Zeichner Ellman & Krause LLP, where his practice covers commercial and financial litigation, copyright and intellectual property litigation, and e-discovery and cybersecurity. He defended Hitachi America in what his firm describes as the longest customs fraud trial in the history of the Court of International Trade, and MasterCard against multidistrict class claims that it was responsible under RICO for internet gambling. Earlier he was litigation counsel at Weil, Gotshal & Manges LLP and prosecuted banking conspiracy, stock fraud and other cases for Israel's Ministry of Justice. He is an adjunct professor at NYU teaching sports law, a co-editor and author of the treatise Dispute Resolution and e-Discovery, and an Order of the Coif graduate of the University of Texas School of Law. At Legal Cyber Academy he teaches on phishing, trade secret disputes and ADR, and current eDiscovery practice.

Hon. Richard Kramer

Mediator, Arbitrator and Special Master, JAMS (Hon., Ret.)

Hon. Richard Kramer (Ret.) is a full-time mediator, arbitrator and special master at JAMS, based in San Francisco. He served eighteen and a half years on the San Francisco Superior Court, including thirteen years presiding over its Complex Litigation Department from 2002 to 2015, handling antitrust, employment, insurance coverage, construction defect, mass tort, class action and environmental matters, as well as coordinated proceedings spanning thousands of cases statewide. Before the bench he practised commercial trial law for 24 years. He holds a J.D. from the University of Southern California School of Law, where he was inducted into the Order of the Coif, and has taught as an adjunct professor at UC Hastings College of the Law. At Legal Cyber Academy he teaches on the use of discovery referees and special masters in ADR.

Claude M. Stern

Neutral, JAMS; former Chair, IP Litigation, Quinn Emanuel

Claude M. Stern is a neutral with JAMS in Silicon Valley, serving as a mediator, arbitrator, special master, discovery referee, and neutral evaluator. He brings more than 40 years of experience in intellectual property, licensing, allegedly defective technology, and complex civil litigation, and served as chair or co-chair of Quinn Emanuel Urquhart & Sullivan's national intellectual property litigation practice from 2003 through 2021, where he was lead trial counsel in precedent-setting patent, copyright, trade secret, trademark, and licensing cases. He has lectured in Stanford Law School's trial advocacy course since 1992. At Legal Cyber Academy he teaches on the underused role of discovery referees and special masters in resolving complex disputes.