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Description of Practice
Mr. Baker is an experienced mediator and arbitrator handling all types of business and personal disputes. Before becoming a neutral, he was a litigator for more than 40 years, handling a wide variety of cases. He has been listed in Best Lawyers in America every year since 2010.
Before deciding to devote himself full-time to his arbitration and mediation practice, Mr. Baker was a litigator in the New York office of Alston & Bird, where he specialized in patent and other IP litigation, as well as serving as both a neutral and an advocate in international and domestic arbitration matters and as a mediator. During his tenure at Alston, Mr. Baker was selected by Corporate America Legal Elite as "Best in Intellectual Property Litigation – New York." Immediately before Alston he practiced with Fish & Neave and then Ropes & Gray after its acquisition of Fish & Neave. Mr. Baker's previous positions, before moving to New York and specializing in IP and arbitration and mediation matters, include (1) practicing as a partner for 20 years with the Boston firm, Nutter, McClennen & Fish, where he handled a broad cross-section of commercial and tort litigation cases, and (2) serving as the Head of Litigation at Sears, where he handle a wide variety of matters.
Mr. Baker has mediated disputes involving an extremely wide range of subject matters with alleged damages ranging from low, five-figure amounts to amounts well in excess of one hundred million dollars.
AAA Advanced Mediator Training on the Limits of Mediator Influence on Settlement, 2015
US District Court for the Southern District of New York (SDNY) Employment Mediation Training, 2014
SDNY Civil Rights Mediation Training, 2014
CPR Advanced Mediator Training, 2007
WIPO Advanced Training on Mediating Intellectual Property Disputes, 2007
AAA Mediator Training, 1993
US District Court, Eastern District New York (EDNY) Insurance Coverage Mediation Training, 2015
Mediation Approach & Philosophy
Mr. Baker is a facilitative mediator, but he has over 40 years of legal experience that the parties can draw upon if they are at an impasse and mutually wish any guidance or opinions from him.
Representative Cases Handled as a Mediator
A representative list of some of the disputes Mr. Baker has mediated includes: (1) Claim for wrongful termination and theft of trade secrets with respect to a software model that values the risk portfolios of different fixed income securities. (2) Claim of theft of trade secrets and patent infringement with respect to computer modeling technology to predict the performance of untested chemical compounds. (3) Numerous and varied breach of contract claims arising under a wide variety of commercial contracts. (4) Claim against a mortgage company for failure to fulfill its obligations under federally sponsored Home Affordable Mortgage Program to home owners in financial distress. (5) Claim against multiple companies in the luggage industry for infringement of patents relating to luggage locks that can be opened for TSA security inspections without damaging the locks or impairing the security of the luggage. (6) Numerous and varied employment claims including wrongful termination, sex and age discrimination, and workplace harassment. (7) Fraud, theft of trade secrets, Lanham Act, false advertising, and reverse palming off of trade dress claims involving companies in the advertising industry. (8) Numerous and varied product liability claims for wrongful death or serious injury against car companies and other equipment manufacturers.(9) Numerous and varied construction claims including claims for defective construction and delay damages. (10) Miscellaneous claims for violation of civil rights under 28 USC Section 1983.
Complex Case Experience
Mr. Baker has mediated cases in which more than a hundred million dollars was at stake.
$600/hour, but special fees can be quoted for appropriate cases.
This mediator does not have any testimonials.