Hon. Wayne D. Brazil (Ret.)

T: 415-982-5267
F: 415-982-5287
Business/Commercial

A significant percentage of the 2,000 settlement conferences that Judge Brazil conducted while serving as a Magistrate Judge in the Northern District involved complex business or commercial disputes. These matters involved claims sounding in a wide range of legal arenas: commercial contracts, licensing, fraud, intellectual property (especially patent and trademark), anti-trust, unfair competition, insurance (primary and excess), franchisee-franchisor relations, allocation of responsibility for environmental damage, admiralty, consumer protection, debt collection, and many others.

Since joining JAMS in 2011, business/commercial cases have continued to command much of Judge Brazil’s time. For example, he has mediated or arbitrated challenging business disputes arising out of commercial contracts, non-contractual market-place frictions, partnerships gone awry, departures (to competitors) of key employees, licensing agreements, manufacturers trying to terminate distributors, alleged infringement of intellectual property rights, insurance coverage, product liability, and relationships between corporate employers or health care providers and large unions.

During his tenure at JAMS, Judge Brazil also has served as a special master or referee in several cases with significant commercial implications, including matters that pitted against one another major institutional providers of retirement benefits, a state controller and life insurance companies, manufacturers of critical components of computer chips, and a large public entity and a key service provider.

In addition to his work as a special master or referee, Judge Brazil has been retained to provide confidential, independent critiques of anticipated presentations at trial or in motion practice in cases involving consumer class actions, alleged infringement of pharmaceutical patents, and disputes between patent holders and developers of generic equivalents, both chemical and biological.

Representative Matters

  • Special master and mediator in multiple related cases alleging breach of licenses, unfair competition, and patent infringement
  • Mediator in case involving two-way alleged breaches of long-term patent licensing contract involving hundreds of millions of dollars
  • Arbitrator in contract and business tort disputes arising out of corporate dissolution of major medical practice
  • Arbitrator in case involving claims and counter-claims arising out of contested sale of large block of corporate securities
  • Referee in litigation based on unfair competition and fraud claims between large institutional brokers of retirement and health care benefit plans for public employees
  • Mediator in case involving breach of contract claims between hospital and provider of comprehensive administrative and IT services
  • Mediator for disputes over entitlement to and value of distributorships following government compelled divestiture of major components of reconfigured corporation
  • Preside during mock hearing on class motion to certify massive consumer class action; present neutral critiques of proposed briefs and oral arguments re same

Books, Articles, and Chapters in Treatises

  • Shaking Decision Trees for Risks and Rewards (with Majorie Aaron), 22 ABA Dispute Resolution Magazine 12, Fall 2015
  • Early Neutral Evaluation: A Guide For Neutrals, Advocates, and ADR Program Designers, Dispute Resolution Section, ABA, forthcoming
  • Effective Approaches to Settlement: A Handbook for Lawyers and Judges, published by Prentice Hall Law and Business, 1988
  • Settling Civil Suits: Litigators' Views About Appropriate Roles and Effective Techniques for Federal Judges, ABA Press, 1985
  • Managing Complex Litigation: A Practical Guide to the Use of Special Masters (with Geoffrey C. Hazard and Paul R. Rice), American Bar Foundation, 1983
  • Thoughts About Impasse for Mediators in Court Programs, 15 Disp. Res. Mag. 11, Winter 2009
  • ENE or Mediation? When Might ENE Deliver More Value? 14 Disp. Res. Mag. 10, Fall 2007
    Hosting Mediations as a Representative of the System of Civil Justice, 22 Ohio State J. Disp. Res. 227, Winter 2007
  • Professionalism and Misguided Negotiating in The Negotiator’s Fieldbook; The Desk Reference for the Experienced Negotiator, ed. by Andrea Kupfer Schneider and Christopher Honeyman, ABA, 2006

Honors, Memberships, and Professional Activities

  • Recognized as a Top California Neutral "Rising Star," Daily Journal, 2012
  • The Mediation Society of Northern California: Annual Award for “Outstanding Contribution in the Field of Alternative Dispute Resolution,” 2007
  • California Dispute Resolution Council: Donald Weckstein Award for “Outstanding Contribution to the Profession of ADR Neutrals,” 2007
  • American College of Civil Trial Mediators (national association headquartered in Florida): award for “Outstanding Achievement in the Advancement of Alternative Dispute Resolution,” 2005
  • "Using Mind Over Matter," ADR Profile, Daily Journal, September 14, 2012

Background and Education

  • D'Alemberte-Raven Award, American Bar Association Secton of Dispute Resolution, 2009
  • Member, American Bar Association Section of Dispute Resolution
  • Law Professor (“Professor from Practice”), Berkeley Law (Boalt Hall), University of California, Berkeley, full-time 2009-2011; part-time 2011-2014
  • United States Magistrate Judge, United States District Court, Northern District of California, June 1984-October 2009
  • Professor of Law, Hastings College of the Law, University of California, San Francisco, California, Courses: Civil Procedure and Civil Rights, 1980-1984
  • Associate Professor of Law, University of Missouri, Columbia, Federal Courts, Civil Procedure, Professional Responsibility, 1978-1980
  • Farella, Braun & Martel, Litigation Associate, San Francisco, California, 1975-1977
  • J.D., University of California, Berkeley Law (formerly Boalt Hall School of Law), Order of the Coif, 1975
  • Ph.D. in American Political and Cultural History, Modern European and American Intellectual History, Harvard University, 1975
  • M.A. in American History, Harvard University, Woodrow Wilson Fellow, 1967
  • B.A., Stanford University, Graduated with Great Distinction, Lloyd W. Dinkelspiel Award, Phi Beta Kappa, 1966

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