Resume


 DAVID R. FOLEY
 Dispute Resolution Professional
 

EMPLOYMENT
            From 1973 until 2002, I was a general practice litigator with various law firms in New York and California, as detailed below.   My most recent of these positions was senior litigation partner in the Palo Alto office of Manatt, Phelps & Phillips, LLP from 1999 until 2002.
            From 2002 until 2004, I was General Counsel of West Coast Quartz Corporation (“WCQ”) in Fremont, California. WCQ is a manufacturer of parts for the semiconductor industry. At WCQ I handled several major commercial and contract litigations, arbitrations and mediations.
            From 2004 until 2006, I was a solo practitioner in San Francisco, focusing primarily on arbitration (including international arbitration) and mediation, both as counsel and as an ADR neutral. Since 2006, I have been a solo ADR practitioner in the Hudson Valley.
            Broad experience representing parties in business and technology litigation in federal and state courts, including litigation involving contracts, business torts, trade secrets, trademarks, patents, securities, corporate fiduciary duty, environmental and employment matters. Substantial experience in all phases of civil litigation, including preliminary relief, discovery, class actions, trials and appeals. Extensive experience in arbitration and mediation, both as an advocate and as an arbitrator and mediator, detailed below.

Law Office of David R. Foley (Claverack, NY) 2006-present.
Law Office of David R. Foley (San Francisco, CA) 2004-2006.
General Counsel, West Coast Quartz Corporation (Fremont, CA.) 2002-2004.
Senior Litigation Partner, Manatt, Phelps, & Phillips, LLP, Palo Alto, CA. 1999-2002.
Litigation Partner at Wise & Shepard LLP (Palo Alto, CA) 1995 to 1999; Head of
            Litigation Department 1998-1999.
Litigation Partner at Holtzmann, Wise & Shepard (New York, NY) 1980 to 1995;
            Head of Litigation Department 1987 to 1995.
Litigation Associate 1977 to 1979 at Holtzmann, Wise & Shepard (New York, NY).
Litigation Associate 1976 to 1977 at Sellers, Conner and Cuneo (Washington, D.C.)Litigation Associate 1973 to 1976 at Milbank, Tweed, Hadley & McCloy (N.Y, NY).


EDUCATION
Columbia University Law School, J.D., 1973.
Harvard College, B.A., magna cum laude, 1968.

ARBITRATOR AND MEDIATOR EXPERIENCE
Member of the Panels of Mediators, Arbitrators and Early Neutral Evaluators of the
            U.S. District Court, N.D. N. Y.
Member of the Panel of Mediators of the U.S. District Court, E.D.N.Y.
Member of the Roster of Neutral Arbitrators of the NASD (“FINRA”).
Member of the Panel of Arbitrators and Mediators of the National Arbitration Forum. Member of the National Panel of Arbitrators of the American Arbitration Association
            (1985-1995).
Member of the Mediation and Early Neutral Evaluation Panels of the U.S. District
            Court, N.D. CA. (2001-2006).
Judge Pro Tem of the Superior Court of Santa Clara County, CA. (2001-2006).          Arbitrator in the Attorney/Client Fee Dispute Program of the Bar Association of San
            Francisco (2005-2006).

MEMBERSHIPS (Present and Past)
Albany County Bar Association
National Arbitration Forum
Arbitration Committee, the Association of the Bar of the City of New York
Commercial Section of the Law Committee, American Arbitration Association
Silicon Valley Intellectual Property Lawyers Association
Litigation Section, American Bar Association

PUBLICATIONS
"Agreements Precluding Review of Awards: Are They Now Enforceable in U.S.
            Courts?"  Mealey's International Arbitration Report. Vol. 15, #5 (May 2000).
Alternative Dispute Resolution. Matthew Bender, 1999 (co-author).
"Reining in the Non-neutral Arbitrator". New York Law Journal (April 8, 1994).
Paper on "Scientific Defense of Toxic Tort Personal Injury Litigation" delivered at
            Environmental Conference on "Business, the Environment and the Law" in
            Manchester, U.K., October 21, 1991.
"Juries Can Be Made to Understand." The National Law Journal (April 10, 1989).
Using Arbitration in Commercial Disputes. Matthew Bender, 1985 (co-author).

ADMITTED TO PRACTICE
State Bar of New York
State Bar of California
District of Columbia Bar
United States Courts
            Southern District of New York
            Eastern District of New York
            Northern District of California
            Second Circuit
            Ninth Circuit
            Federal Circuit
            Supreme Court

MILITARY EXPERIENCE
LTJG in U.S. Naval Reserve, on active duty 1968-1970.

 



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