Kenneth D. Gack, Esq.

T: 415-982-5267
F: 415-982-5287

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

Honors, Memberships, and Professional Activities

  • 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

Background and Education

  • 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


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