Biography
As a mediator, Ms. Claiborne is known for being tenacious in order to achieve settlements. As an arbitrator, she is known for her managerial style as well as for her fairness and approachability. She has extensive experience acting as
ADR Experience and Qualifications
- Since starting her career in ADR in 1998, she has successfully mediated and arbitrated thousands of cases covering the following areas: business and commercial matters, construction, engineering and infrastructure, employment, energy, intellectual property, professional liability, and real estate. Many of her cases are international.
- Nationally and locally recognized as a top mediator and arbitrator, with accolades such as “Best Lawyer, Alternative Dispute Resolution Category,” Best Lawyers in America, recognized as a “Super Lawyer in Mediation and Arbitration,” San Francisco Magazine, and recognized as a leading practitioner, Alternative Dispute Resolution Category, Who's Who Legal: California.
- Continually called upon to chair and speak at arbitration
trainings around the country, such as the ABA Arbitration Institute and programs of the College of Commercial Arbitrators. - Recognized as a Distinguished Fellow in the College of Commercial Arbitrators (Board of Directors).
Representative Matters
Business and Commercial Disputes
- Arbitrator in dispute among shareholders of a successful online hunting gear business regarding entitlement to acquire shares of its deceased founder pursuant to various contractual agreements (sole arbitrator)
- Arbitration of a dispute arising out of an Asset Purchase Agreement and a Consulting Agreement between two companies in the wine industry (sole arbitrator)
- Successful mediation of dissolution of a partnership involved in the edible cannabis business
- Chicago mediation of a dispute between two large alcoholic beverage companies arising out of an agreement to settle litigation under which one company had an option to acquire a brewery facility from the other at fair market value
- Dispute between developer and water agency arising out of a contract to supply water for two new gated community developments
- Arbitration of an international multi-million dollar licensing dispute between a Dallas firm and two Taiwanese publicly-traded manufacturers of inductors used in electronic devices (sole arbitrator)
- Disputes between general partners of a venture capital firm involving claims of breaches of contract and fiduciary duties and alleged damage to reputation (sole arbitrator)
- Arbitration of claim arising out of an incubator relationship with patent-holders for development of a sensor used in medical and other scientific applications; allegations include failure to prepare prototypes and ready the invention for commercialization (sole arbitrator)
- Mediated resolution of dispute between Chinese company supplying agricultural products and U.S. purchaser and distributor
- Settled dispute arising out of an Asset Purchase Agreement involving the purchase of IP for high performance computing storage
- Arbitration of international dispute arising out of a Stock Purchase Agreement between companies in Spain and the U.S. involved in the electronic tolling industry (tripartite; Chair)
- Mining dispute between a company dredge mining for gold and another mining aggregates from dredge tailings arising out of contracts setting forth the parties' rights on
shared property (tripartite) Dispute arising out of a Stock Purchase Agreement involving the sale of a business that tests integrated circuits and other electronic components for use in high profile applications such as aircraft navigation and braking systems, nuclear control rod systems, and military equipment- Arbitrator for claims for monetary damages and injunctive relief arising out of a licensing agreement for computerized software for dialysis treatment and management (tripartite)
- Settled a dispute between a semiconductor business and a digital video company concerning their respective obligations under a Tax Sharing Agreement
Mediated dispute arising out of an Equity Purchase Agreement involving firms working on government contracts for drone development; the parties disagreed about potential earn-out payments due when various EBITDA targets were reached- Mediated government contracts dispute between companies providing IT services to Air Force bases
Construction
- Claim for payment by subcontractor arising out of work to furnish and install mechanical systems for construction of a rocket launch pad at Cape Canaveral
- Mediated resolution of a dispute arising out of
construction of a waste water treatment plant in Afghanistan - Mediated settlement in New York of a contractor's multi-million dollar claim for fees arising out of
construction of a major East coast airport - Claims by a national laboratory involving a contract to remediate soil contaminated with hazardous wastes and chemicals, including radioactive isotopes
- Mediated resolution of tunneling dispute arising out of
construction of a downtown subway system - Mediated dispute between shareholders resulting in
successful buy-out of all shares of a prosperous construction company - Tripartite arbitration of a dispute arising out of a multi-million dollar contract for work related to
construction of a deep foundation system for a $1.5 billion mixed-use development in Florida. Handled substantial discovery and pre-trial motion issues, leading to “eve of trial” settlement - Mediated a multimillion-dollar claim by contractors against a public entity arising out of a micro-tunneling operation to install new storm water and sewer lines under a river and an airport runway
- Mediated $2 million
claim by WBE contractor against the State of California Department of Transportation arising out of a highway pipeline rehabilitation project - Mediation of $200 million in claims between a public owner and a joint venture contractor arising out of a tunneling project for the conveyance system of a wastewater treatment plant; work involved use of a slurry tunnel boring machine
- Arbitration of multi-million dollar infrastructure dispute by contractor relating to design, fabrication, and erection of structural steel racking and process piping arising out of oil refinery construction (tripartite; Chair)
Employment
- Claims of age discrimination under the ADEA by a software engineer against a global technology company (sole arbitrator)
- Successful mediation settlement of wrongful termination claims brought by a high-ranking consultant to a direct marketing company
- Arbitration of multi-million dollar claims against a private equity firm in Boston brought by an individual recruited to the firm with allegedly false promises that he would receive an equity ownership interest in the firm and other valuable compensation. This case settled just before hearings (tripartite: Chair)
- Arbitration of claims of discrimination based on race and national origin and retaliation brought by a software engineer against a well-known social media company (sole arbitrator)
- Mediated resolution of
dispute arising out of the termination of employment of an executive. Claims included misappropriation of trade secrets and intentional interference with prospective economic advantage between competing providers of smartphone applications for mobile security and safety services sold to various carrier networks. - Mediated resolution of a disability discrimination suit involving a city employee
- Wrongful termination and gender/race discrimination claims by
former employee of large international drug and medical device company - Claims of wrongful termination by geotechnical engineer against
soils engineering firm - Pharmaceutical sales representatives’ claims of wrongful termination allegedly in retaliation for complaints about the employer’s marketing strategies
Energy
- Mediations of Disputes arising under the PPA’s and IA’s of several solar companies involving claims for indemnity against a major utility for damages allegedly incurred in connection with the Chapter 11 bankruptcy of the utility
- Mediation arising out of a contract to develop and service a Balancing Authority for a natural gas-powered electrical generation facility
- Mediation of a contentious dispute between erstwhile partners in an oil and gas venture
- CPR arbitration in Houston of a dispute between two large international oil and gas companies involving rights to participate in the joint exploration and development of five Areas of Mutual Interest pursuant to their Participation Agreement (tripartite; Chair)
Resolved dispute between solar power company and city in Silicon Valley- Mediated resolution of a dispute between the developer of a 247-megawatt utility-scale solar energy project and investor that took ownership through a Collateral Transfer Agreement regarding amounts due as an earn-out developer fee
- Resolution of
dispute between the owner and designer of an under-producing solar system on hospital roofs in Hawaii involving the quality of the panels, inverters, and optimizers - Resolution of a dispute between a large oil and gas company and a local utility arising out of the Force Majeure provision of their PPA
- Mediated settlement of a dispute involving
alleged breach of a Supply Agreement for Refuse Derived Fuel (RDF) between a waste disposal company and a cement manufacturer - Solar energy dispute between two large east and west coast utilities involving four 25
year PPA's relating to handling curtailments and better compliance with CAISO requirements - Arbitration of claims for oil and gas royalties (sole arbitrator; Baseball arbitration)
- Successful mediation of a dispute between a county and an alternative energy provider arising out of contracts for landfill gas-to-electricity projects
- ICC arbitration of
dispute between Spanish and U.S. contractors arising out ofconstruction of a205.8 megawatt single-axis tracker solar power plant including 3.1 million photovoltaic solar modules at the US-Mexico border (tripartite) Dispute among investors regarding plans to construct biogas facilities- Negotiation between North American and international solar companies involved in building solar photovoltaic facilities generating a total of 700 megawatts regarding terms for sharing rights of way and infrastructure for transmission lines in the U.S.
- Arbitration of multi-million dollar infrastructure dispute by contractor relating to design, fabrication, and erection of structural steel racking and process piping arising out of oil refinery construction (tripartite; Chair)
- Claims of breach of a Power Purchase Agreement between a power company and a renewable power project developer (wind, solar, geothermal, biomass)
- Mediated settlement of a multi-million dollar dispute between a utility company and a developer arising out of a PPA
Environmental
- $20 million
claim by golf course owners against an international chemical company arising out of claims for environmental damage after application of an herbicide that became the subject of an EPA Stop Sale Order (sole arbitrator) - Mediation of a dispute involving a failure of erosion control and fines assessed for water pollution arising out of a highway construction project
- Mediated Prop 65 claims against manufacturers and distributors of products for pool and spa testing kits with an indicator solution alleged to cause cancer, DEHP in
ear phones , and DINP in vinyl/PVC gloves
Health Care
- Arbitration of a fee dispute between a hospital group and a non-profit HMO regarding the quantum meruit or fair market value of trauma and emergency services provided to members of the HMO over several years (tripartite; Chair)
- Mediated resolution of a dispute arising out of a Master Services Agreement (MSA) between a company specializing in direct mail marketing and a Silicon Valley startup selling insurance to health conscious consumers
- Arbitration involving alleged breaches of an Exclusive Distribution Agreement between an international developer of healthcare products and a US biopharmaceutical company that focuses on kidney disease (tripartite; Chair)
- Arbitrator for a contract dispute between a large insurance carrier and a group of hospitals
- Mediation between a health care company and a group of surgeons and anesthesiologists arising out of discussions about how staffing would be handled at a proposed new surgery center
- Mediated a claim by an elderly resident with no insurance against a non-profit retirement community over the terms of a Continuing Care Agreement
- Chaired an arbitration panel in New York for a dispute between and national medical device manufacturer and a national pharmaceutical company involving licensing claims to certain worldwide patents for cardiac stents, with rights valued at approximately $4 billion
Insurance
- Coverage dispute between a union and its insurer arising out of claims made under three Fiduciary Liability policies regarding the availability of coverage for “traveler” claims for benefits when employees secure temporary employment in the jurisdiction of another union (tripartite; Chair)
- Arbitration of a multi-million dollar claim by an insurance company underwriting the business of
third party administrator of extended warranty plans for consumer electronics (sole arbitrator) - Disputes involving
construction of residential and commercial buildings with underlying coverage issues related to alleged defects and/or negligence - Cases involving time on risk and contribution as well as demands by additional insureds
- Cases involving alleged bad faith refusal to defend
- Coverage disputes involving property damage to a variety of structures and whether the damage was covered under existing policies
- Mediated and arbitrated numerous cases involving the sale of life insurance and retirement policies by a major insurer
- Successful resolution of claims related to title insurance regarding wrongful foreclosure and alleged title company errors
- Claims against
surety for failure to pay under construction performance bond - Coverage claims related to environmental contamination
- Disputes related to Directors and Officers Liability Insurance
- Claims related to
allocation of defense costs among insurers
Intellectual Property
- Arbitration of an international dispute arising out of a Stock Purchase Agreement between the founder of a technology company with offices in Columbia and Romania, and a global company specializing in home automation and wireless security (sole arbitrator)
- Mediation of an infringement dispute involving patents related to improved search and navigation functionality
- Claims for breach of contract and violation of the Trade Secret Act involving electronic communication systems brought by a developer of personal distress alarms used in state hospitals for staff safety against a large telecommunications company (sole arbitrator)
- Mediation of dispute arising out of an OEM Agreement involving alleged misappropriation of trade secrets regarding
development of software used for automatic software testing ("scriptless testing") - Arbitration of claims by large school district arising out of a licensing and services agreement for complex software developed to centralize educational records and track all students and programs (tripartite)
- Mediated patent infringement case regarding claim by a U.S. company against a semiconductor manufacturer in Taiwan involving a technique for optimizing the operation of core logic chipsets
- Trademark infringement dispute between a publisher of video games and an international designer/manufacturer of military helicopters
- Multi-million dollar claims of infringement of 8 patents related to pay-for-performance advertising between two of the leading
web based companies - Chaired the arbitration panel for a dispute involving licensing claims to certain worldwide patents for cardiac stents, with rights valued at approximately $4 billion
Mediated case involving software piracy claims, alleging copyright and trademark infringement, brought by well-known international software company against adistributer - Sole arbitrator for claims of breach of Strategic Alliance Agreement and misappropriation of trade secrets involving a manufacturer of commercial building automation systems and a provider of wireless distribution systems
- Arbitration of an international multi-million dollar licensing dispute between a Dallas firm and two Taiwanese publicly-traded manufacturers of inductors used in electronic devices (sole arbitrator)
International
- Arbitration of multi-million dollar coverage claim by a distributer of tires in the U.S. against a London insurer for breach of a Defense Funding Agreement. The underlying litigation involved claims of defamation and deceptive trade practices brought against the insured U.S. company by its manufacturer in China (sole arbitrator)
- Arbitration of an international dispute arising out of a Stock Purchase Agreement between the founder of a technology company with offices in Columbia and Romania, and a global company specializing in home automation and wireless security (sole arbitrator)
- Mediation of a dispute between a U.S. company and the government of a Eurasian country regarding control of an oncology center
- Mediated resolution of a dispute arising out of a Commission Agreement between a broker-dealer in California and a seller based in Hong Kong regarding a multi-million-dollar sale of the stock of a pre-IPO online e-commerce company
- Arbitration of an international multi-million dollar licensing dispute between a Dallas firm and two Taiwanese publicly-traded manufacturers of inductors used in electronic devices (sole arbitrator)
- Mediation of dispute between a supplier and installer of solar systems and a Taiwanese supplier of inverters
- Selected as chair of a tri-partite ICC arbitration arising out of a Purchase Agreement involving a dispute over which company is responsible for payment of taxes levied by a South American country.
Case settled after extensive pre-hearing discussions among the parties. Dispute between one of the world’s largest semiconductor companies based in Switzerland and a California manufacturer of hard drives arising out of a Master Development Agreement and a series of Product Supply Agreements- Mediated to
resolution a dispute between companies in the US and China involving claims of copyright infringement and misappropriation of trade secrets arising out of alleged unauthorized use of a software system used to manage government subsidies - Sole arbitrator for
an arbitration of claims by a US designer and manufacturer of high-end bicycles against a distributor in Norway - Sole arbitrator for an international dispute by a designer and manufacturer of semiconductors against a Hong Kong distributor regarding claims for payments due for products ordered for the Chinese market
- Mediated settlement of
claim for delays and defects against general contractor brought by Chinese developers ofhigh-tech facility - Sole arbitrator of a dispute arising out of a Stock Purchase Agreement involving the sale of an international business that tests integrated circuits and other electronic components for use in high profile applications such as aircraft navigation and braking systems, nuclear control rod systems, and military equipment; allegations against the seller included a failure to disclose defects in the testing software
- Arbitration involving licensing claims to certain worldwide patents for cardiac stents, valued at approximately $4 billion (tripartite; Chair)
- Sole arbitrator for a licensing dispute between Canadian and U.S. companies arising out of an international marketing agreement regarding recreational installations
- Mediation of $200 million in claims between a public owner and a joint venture contractor (American and European companies) arising out of a tunneling project for the conveyance system of a wastewater treatment plant
- Arbitration of a multi-million dollar dispute between international companies involved in the electronic toll collection business (tripartite; Chair)
- CPR arbitration in Houston of a dispute between two large international oil and gas companies involving rights to participate in the joint exploration and development of five Areas of Mutual Interest pursuant to their Participation Agreement (tripartite; Chair)
Professional Liability
- Resolution of a
multimillion dollar legal malpractice claim brought by the developer of communities for seniors against a leading California law firm - Successful resolution of legal malpractice claims against a prominent law firm alleging conflicts of interest in a client representation
- Legal malpractice mediation involving alleged erroneous advice regarding tax consequences of a charitable contribution
- Arbitration
venued in New York that involved an accounting malpractice case brought by a Liquidation Trust claiming over $100 million in damages arising out of the allegedly negligent audit of an international company in the business of selling televisions. Allegations included the failure to discover millions of dollars in fabricated sales to China (tripartite) Dispute betweengeneral partner and limited partners involving indemnity for fees and costs arising out of professional liability suit against real estate appraiser (tripartite)- Claim against accountant and large stock brokerage firm for damages due to alleged erroneous advice regarding the tax consequences of donating stock to a charitable foundation
- Sole arbitrator for suit by liberal arts college against a hedge fund manager alleging breach of contract, breach of fiduciary duty, and fraud
- Mediated a legal malpractice claim brought by a start-up company in Hawaii and its Chinese investors against patent counsel over failure to adequately protect various worldwide patents for a data communication system
Real Estate
- Selected by a federal judge to mediate a land use dispute between an American Indian tribe and a State pursuant to the Indian Gaming Regulatory Act (IGRA)
- Mediated resolution of consolidated cases related to beachfront property in Hawaii valued in excess of $20 million between general, limited partners, and a third party purchaser over the disposition of the property and potential land purchase
- Arbitrated a $500,000 claim by tenant involving a tax credit project at a national historic preservation site and the landlord’s counterclaim for $10,000,000 for alleged breach of the
40 year lease - Mining dispute between a company dredge mining for gold and another mining aggregates from dredge tailings arising out of contracts setting forth the parties' rights on
shared property - Mediated resolution of a real estate dispute between landlord and tenant involving a large commercial property in Silicon Valley. The claims arose out of lease provisions providing for options to extend the lease and/or to purchase the property and structure the transaction as a tax-free exchange
- Arbitrator for dispute arising out of an incubator relationship with patent-holders for development of a sensor used in medical applications
- Arbitrator for claims arising out of a licensing agreement for computerized software for dialysis treatment
- Arbitrator for a case involving alleged breaches of an Exclusive Distribution Agreement between an international developer of healthcare products and a US biopharmaceutical company that focuses on kidney disease
- Arbitrator for a contract dispute between a large insurance carrier and a group of hospitals
- Mediator of a dispute between a health care company and a group of surgeons and anesthesiologists regarding development of a new surgery center
- Arbitrator for a dispute between an international medical device manufacturer and a pharmaceutical company involving licensing claims to certain worldwide patents for cardiac stents
- Arbitrator for dispute regarding fees to be paid by an insurer to a group of hospitals providing emergency services to the insureds
- Mediated claims of a group of pharmaceutical sales representatives alleging wrongful termination in retaliation for complaints regarding the employer’s marketing strategies
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Honors
- Recognized as a leading practitioner, Mediation, Who's Who Legal: California, 2014-2021
- Recognized as a "Best Lawyers, Alternative Dispute Resolution Category," Best Lawyers in America, 2008-2022
- Recognized as a "Super Lawyer in Mediation and Arbitration," San Francisco Magazine, 2005-Present
- Selected as a Top Women Attorney in Northern California and a member of the Blue Ribbon Panel
- Publications
- "Virtual Arbitration of Business Disputes: Looking Back, Moving Forward," Daily Journal, January 8, 2021
- "Ten Tips for Writing a Winning Arbitration Brief," Alternatives: CPR Institute Publication, December 2020
- "Virtual Arbitration: 10 Tips for a Fair and Efficient Process," The Recorder, April 30, 2020
- Speaking
- Panelist, "Trial by Zoom: The Challenges and Opportunities of Virtual Trials," San Francisco Bar Association, January 20, 2021
- Panelist, "The Viability of Virtual Arbitration," New York International Arbitration Week, November 16, 2020
- Memberships
- Member, Sino-U.S. International Commercial Co-Mediation Panel (JAMS and the Shanghai Commercial Mediation Center)
- Member, Northern California International Arbitration Club (NCIAC)
- Chair, ABA Arbitration Institute, Los Angeles, 2011, Philadelphia, 2012, and Washington, D.C., 2014
- Member, Executive Advisory Committee of CPR: International Institute for Conflict Prevention and Resolution
- Member, National Panel of Distinguished Neutrals, CPR Institute for Dispute Resolution
- Member, Mediation Panel, US District Court, Northern District
- Member, American Bar Association, Forum on the Construction Industry (Governing Committee, 1996-1999), Litigation Section, and Dispute Resolution Section; Association of Business Trial Lawyers (ABTL Report, Editorial Board, 1991-2001); California Bar Association; San Francisco Bar Association; California Dispute Resolution Counsel
- Former Member, American Arbitration Association Board of Directors, National (AAA) and International (ICDR) Rosters of Mediators and Arbitrators for large and complex cases
- Professional Activities
- Judge pro tem, San Francisco Superior Court
- Speaker on a variety of ADR topics before professional organizations including the American Bar Association (Dispute Resolution Section, Forum on the Construction Industry, Litigation Section), CPR Institute, International Centre for Dispute Resolution, Intellectual Property Owners, Patent Law Institute, American College of Construction Lawyers, the ICC, the AAA, Canadian Bar Association, New York Bar Association, Oregon State Bar, Bar Association of San Francisco, California Judges Association, National Conference on Financial Management, Construction Industry Institute, ALI-ABA ("Top Ten Cost Effective Ways to Resolve Construction Disputes" webcast), College of Commercial Arbitrators, International Arbitrators Club, California Women Lawyers, and others
- "The Experience Curve," ADR Profile, Daily Journal, April 3, 2015
- Panelist, International Institute for Conflict Prevention and Resolution (CPR) and CPR China Panel; International Chamber of Commerce; and DPR Hawaii
- Fellow, College of Commercial Arbitrators (Board of Directors); Fellow, American College of Construction Lawyers
- Faculty, ABA Arbitration Institute, San Francisco, 2009 and Washington DC, 2010
- IMI Certified Mediator
- Full-time mediator and arbitrator, 1998-present
- Partner/Associate, Bronson, Bronson & McKinnon LLP, San Francisco, 1982-1998
- J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1982
- M.A., University of Texas, Austin
- B.A., Beloit College, Wisconsin
Counsel Comments
- “Her greatest strength is taking a volatile situation and making it work. At the end of the mediation when the parties settle and have to work together again, there is nobody I’d rather have.”
- Prominent Attorney - "[Zee] quickly grasps the legal, financial and real world aspects of the dispute. She is able to close the deal."
-In-House Counsel, Bay Area Tech Firm - "Zee put in extra effort to get our matter settled. She really did a masterful job at assessing the facts, the issues, and most importantly, the personalities."
-Senior Partner, Top Bay Area Law Firm - “Zee has a substantial number of qualities that one would expect of a mediator with her experience… Zee’s greatest strength, and the primary reason I continue to work with her and refer partners and colleagues to her, is her ability to mediate difficult, sometimes acrimonious cases in situations where the parties need to continue to work together postlitigation/settlement. Zee is the most skilled mediator I have ever seen in such cases…Where opposing parties need to work together going forward…her skill and deft touch is unmatched in my experience.”
- “Let me thank [Zee] for [her] work, patience and understanding in this case…[Her] thoughtful rulings were, from my perspective, instrumental in bringing this matter to a proper conclusion.”
- "Zee Claiborne is an excellent mediator…She is very smart, has good people skills, and is able to move people to more reasonable and realistic positions. She quickly grasps the legal, financial and real world aspects of the dispute. She is able to close the deal. I think very highly of her and would use her again as mediator.”
- “Her greatest strength is taking a volatile situation and making it work. At the end of the mediation when the parties settle and have to work together again, there is nobody I’d rather have.”
- “I enjoyed working with [Zee] and truly appreciated [her] ability to quickly understand the issues at the heart of the dispute and for [her] dedication to getting a deal done. In addition, I commend [Zee] for [her] ability to keep an open mind by listening to the issues of concern, and willingness to engage in open and frank exchanges regarding our positions on the issues. Should we find ourselves in need of mediation services, [Zee] will be at the top of the list.”
- “A big thank you [to Zee] for the extra effort to get our matter settled yesterday. It was fun to see [her] in action and I am duly impressed (and will spread the word accordingly)! [She] really did a masterful job at assessing the facts, the issues, and most importantly, the personalities.”
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- Professional Liability
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