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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). |
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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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