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Kenneth Gack

Kenneth D. Gack, Esq.

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Case Manager
Jesse Dienner
T: 415-774-2626
F: 415-982-5287
Two Embarcadero Center, Suite 1500, San Francisco, CA 94111

Kenneth Gack, Esq. has served as an arbitrator and a judge pro tem in over 300 arbitrations since joining JAMS in 1996. Ken’s repeated selection by counsel and parties, including those who have received adverse awards, reflect his unyielding efforts to provide efficient and comprehensive services as a decision maker. He is rigorous in conducting hearings in a professional, dignified manner, with a great emphasis on preparation. He is a quick study of complex factual settings.

Representative Matters

  • A multi-party dispute between adjoining landowners concerning their rights and obligations for common-use properties
  • Breach of contract and counter-claims between manufacturer/processor and distributor of finished food products of requirements contract
  • Contractual claims between vineyard owner and fruit purchaser, with issues of anticipatory breach and application of the U.C.C.
  • Damage claims for “identity theft” against the employer of the admitted thief, presenting issues of course and scope, foreseeability, and security practices for retention of sensitive, identifying data
  • Real estate fraud/non-disclosure claims arising out of the sale of a single family dwelling
  • Wrongful termination claims by a senior executive against his high tech employer
  • Wrongful death case in which heirs seek damages for suicide of patient due to alleged failure to manage and communicate HIV test results
  • Claims of improper management of delivery by parents resulting in death of fetus
  • Wrongful death of adult male in anticipation of flutter ablation procedure; allegations of failure to warn of increased risks of injury or death during period of cessation of Tenormin 
  •  Medical malpractice claims arising from laceration of the iliac artery during performance of laparoscopic cystectomy/oophorectomy; claims of poor surgical technique at insufflation and failure to exhaust non-surgical alternatives
  • Bodily injury claims arising from unsuccessful attempted suicide; allegations of improper dosage of IM Prolixin, insufficient efforts to evaluate patient for involuntary commitment
  • Board Member, SEE International, 2014
  • Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
  • Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
  • Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
  • President and Board Member, Legal Aid of Sonoma County, 2010-2012
  • Member, Association of Business Trial Lawyers
  • Member, San Francisco Trial Lawyers Association
  • Frequently requested lecturer on ADR and civil litigation
  • Member, American Healthcare Lawyers Association ADR Panel
  • ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
  • "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012
  • JAMS, 1996-present
  • Private practice emphasizing alternative dispute resolution services, 1994-1996
  • Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
  • Judge pro tem, Sonoma County Superior Court, 1983-present
  • J.D., Pepperdine University, 1976
  • B.A., Anthropology, Cal. State University, Dominguez Hills, 1973

Counsel Comments

    • “Ken has exceptional skills.  He was very prepared, focused and listened to the attorneys and clients.  Not a minute was wasted…he managed to weave through the many layers of controversy. He deserves a medal for settling this case.”
    • "Mr. Gack is always prepared, always knowledgeable, and always cuts to the core of the relevant issues.  Use him once and you will use him again."

      - Prominent Bay Area Litigator
    • “Extraordinary mediation skills in terms of technical knowledge, ability to moderate all involved, [and a] sophisticated manner of guiding discussion. Ken Gack is one of the best in the state.”
    • “Ken Gack is one of the best mediators in the business. Very effective and well-prepared. Kept working the case even after the mediation concluded.”
    • “Patience, wisdom, [and] ability to read different personalities. [Ken] was excellent.”
    • “Thanks again for working so so hard to get this case settled. It’s a testament to your reputation that you continue to put in 110% effort on the cases. I know after all these years it must be hard to stay focused and engaged the way you do…that’s why you are the go to guy at the head of the pack in Northern California.”
    • “Ken was awesome. His patience and ability to understand the motivations in [multiple] rooms and how to nudge and to understand when parties were at their limit.”
    • “Thanks again for a very strenuous effort on your behalf in resolving this very difficult case. It’s always great working with you.”
    • “[Ken has the] ability to tell it like it is to all the parties when they were wrong. He followed up and settled the matter soon thereafter.”
    • “Ken, you are a class act…You have an excellent skill set…I really appreciated your time and expertise.”
    • “[Ken has] superior knowledge of issues regarding medical malpractice.”
    • “[He is] highly skilled at mediation. Especially valuable for post-mediation follow-up. Ken is one of the best.”
    • “Ken is very excellent at moving the parties to the center.”

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