Alexander (Lex) Brainerd
is an experienced international mediator and arbitrator. During his 5 years as a full time neutral and his 42 years as a trial lawyer, Mr. Brainerd has developed substantial experience and expertise in the resolution of international disputes involving multi-jurisdictional matters, including and perhaps most notably a fraud and breach of contract case brought against a major US bank arising from a famous bank robbery that took place in London. Over the course of his five years at JAMS, Mr. Brainerd has mediated numerous cases involving parties and corporations from around the world including India, China, Japan, Korea, England, and France. He has also conducted several international arbitrations under the Rules of the ICC and the ICDR (AAA) International Rules.
Mr. Brainerd’s substantial international experience is enhanced by his ability to master complex facts quickly and to thoroughly assess the strengths and weaknesses of all parties’ positions, the result of having served as a neutral in hundreds of matters, and from prior experience as lead trial counsel in over 30 trials during his 42-year career as a trial lawyer. He has used these skills successfully as a neutral in mediations, arbitrations, and special master assignments in a wide range of cases, such as intellectual property, business disputes, and professional malpractice cases.
Mr. Brainerd works to assist the parties in fully understanding and evaluating the risks associated with their cases. In that regard, he strongly believes that an essential foundation for a successful mediation is a thorough discussion with the parties regarding the strengths and weaknesses of their respective positions. Mr. Brainerd has a reputation for being extremely prepared, diligent, and tenacious, and for having a very high settlement rate.
Representative International Engagements
- Mediation of a patent infringement case brought against a Netherlands bank concerning patents covering certain aspects of the marketing and sale of financial products
- Mediation of a patent infringement dispute involving 14 parties, including several Asian companies, accused of infringing patents covering the wireless transmission of email
- Mediation of a patent infringement case brought against a Taiwanese company over patents covering frame conversion for LCD monitors and displays
- Mediation of a patent infringement case brought against a Japanese electronics company for alleged infringement of patents relating to the conversion of an interlaced signal to a progressive signal for television and similar monitors
- Arbitration between a US company and Korean company over the enforcement of a biotechnology license agreement
- Arbitration of a dispute between a Chinese company and a Japanese company concerning the interpretation and enforcement of a contract for the sale and transfer of semi-conductor equipment and technology
- Arbitration involving companies from India and China over the enforcement of a royalty agreement arising from the joint development of software and related technology for the wireless transmission of voice and data
- Arbitration of a dispute concerning a failed solar energy business in Israel
- Arbitration under ICC rules concerning a software license agreement for technology relating to on-line banking
- Mediation of case pending before the ITC relating to patents that claim custom features and improvements for television tuners
- Mediation with a Korean company involving a claim for the infringement of patents covering TV tuners imbedded in semiconductor chips