Robert Baines

Hon. Robert A. Baines (Ret.)

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager
Cynthia Victory
T: 408-346-0736
F: 408-295-5267
160 W. Santa Clara St., Suite 1600, San Jose, CA 95113


Judge Robert A. Baines (Ret.) has over 40 years of litigation experience, including 22 years on the trial bench in Santa Clara County during which he handled numerous high-profile “only in Silicon Valley” IP matters.

Judge Baines has remained heavily involved in IP cases while at JAMS.

Representative Mediations:

  • Successfully resolved a number of cases involving alleged theft or misuse of trade secrets, including:
    • Claim by well-respected software pioneer that internationally prominent graphics software company stole his concept for a meta-data retrieval program that he had previously unsuccessfully “pitched” to that company.
    • Claim by computer parts company that departing employee had taken trade secrets, including confidential customer lists, to new employer and inappropriately used them there. 
  • Claim by software licensee that licensor had intentionally failed to reveal that the licensed software was already subject to claims of infringement by a third party, resulting in licensee being sued for infringement by that third party.
  • Claim of unauthorized use of Plaintiff’s personal image in Defendants’ advertising campaign.
  • Successfully resolved matters involving the allegedly sub-standard production of specialty microprocessors and microcontrollers.
  • Settled software developer’s claims of misappropriation and under-reported license usage brought against “flagship” Silicon Valley networking company.
  • Resolved a number of claims of alleged violation of licensing agreements, including one between two well-known Silicon Valley navigational software giants.
  • Resolved claims by purchasers of custom software solutions regarding deficient or ineffective product.

Representative Arbitrations: 

  • Served on tripartite arbitration panel hearing multi-million dollar dispute over whether software development firm had performed its contract with a consortium of Fortune 500 companies to produce a secure, portable, and reliable system for maintaining and accessing digital health records for employees of those companies.
  • Dispute over whether a firm that provided website usage monitoring and research services had properly performed under its agreement.
  • Dispute over whether expert witness in patent infringement case produced a substandard work product.
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

  • Lifetime Achievement Award, Santa Clara County Trial Lawyers, Association, 2006
  • Trial Judge of the Year, Santa Clara County Trial Lawyers Association, 2000
  • Founders Award, Law Foundation of the Silicon Valley, 1999
  • Executive Committees, Municipal and Superior Courts, 1985-2005
  • Court representative, SCCBA's Civil Practice Committee, 1996-2000
  • Civil Law and Procedure Committee, California Judges Association, 1984-1985
  • Board of Directors, Conflicts Administration Program, 1984-1990 (Chair 1990)
  • Board of Directors, SCCBA Law Foundation, 1980-1982
  • Advisory Board Member, Santa Clara County Justice System, 1978-1980
  • Commissioner, California State Bar Commission on Judicial Nominees Evaluation, 1977 and 1978
  • Board of Trustees, SCCBA, (several terms) 1977-1983
  • Arbitrator, Judicial Arbitration Program, 1975-1983
  • Board of Directors, SCCBA Barristers Club, 1973-1976
  • Member, California Judges Association
  • Member, Santa Clara County Bar Association
  • Visiting Lecturer in Law (Federal Courts and Jurisdiction), Santa Clara University School of Law, 1979-1980
  • Moderator/Panelist before various bar and professional organizations
  • "Managing People: Mediator Robert Baines wins praise for his low-key style," ADR Profile, Daily Journal, January 29, 2016
  • Judge, Santa Clara County Superior Court, 1997-2005
  • Judge, Santa Clara County Municipal Court, 1983-1997
  • Assistant City Attorney/Head of the Litigation Division, San Jose City Attorney's Office, 1980-1983
  • Directing Attorney, Head of Litigation, Public Interest Law Firm of the Santa Clara County Bar Association Law Foundation (now the Law Foundation of the Silicon Valley), 1975-1980
  • Staff Attorney and Senior Staff Attorney, Legal Aid Society of Santa Clara County, 1970-1975
  • J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1969
  • B.A., (Phi Beta Kappa and with Highest Honors) University of California, Riverside, 1966

Counsel Comments

    • “[Judge Baines] made a very contentious and difficult case manageable. He was one of the most prepared and attentive of all arbitrators I’ve encountered.”

      – In-house counsel
    • “He's brilliant. He is pro-active, kind, and a pleasure to work with." 

      –  Plaintiff’s Counsel 
    • "He had done his homework. When he came in, he was conversant on the technicalities of the contract but also the technology. You could tell by the questions he asked that he had cut to the heart of the case.” 

      –  Attorney




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