Shirish Gupta

Shirish Gupta

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager
Jesika Lee
T: 408-346-0767
F: 408-296-5267
160 W. Santa Clara St.,, Suite 1600, San Jose, CA 95113


Shirish Gupta is a full time neutral at JAMS who is known for his legal acumen and economic prowess, which makes him particularly adept at diving into complex business disputes.  Shirish has a high resolution rate and is sought out by Silicon Valley startups, as well as Fortune 500 companies. In 2014,The Recorder conducted an extensive survey of Bay Area Attorneys and named Shirish the Best Independent Mediator.

Shirish’s ability to find sound business solutions for companies through mediation and arbitration comes from his years of experience as a neutral, as well as his years of legal experience. Throughout his legal career, Shirish has handled commercial matters involving partnership disputes, consumer rights, trademark infringement, fraud, internal investigations, breach of contract disputes, business dissolution, and contract negotiation.

Representative Mediations

  • Tech
    • Software developer claiming that Fortune 100 virtual cloud company was exceeding the scope of the software license
    • Longstanding software and IT services provider claiming $1.5M breach of the SoW’s payment terms
    • Smartphone company claiming nonperformance by its IT services provider
    • Russian software developer claiming non-payment against a Bay Area startup
    • Retail PoS provider claiming non-payment of $160k in license fees against Southern California retail chain
    • App developer claiming $400k in unpaid development fees with startup customer claiming a refund because the apps were allegedly defective
    • EMEA-based reseller claiming non-payment of $300k in reseller fees from a US corporation
    • Former co-founders and in-kind software engineers claiming that they were not given their promised shares of the startup
    • $500k online advertising commission dispute between website and advertiser
  • Non-Tech
    • Omnibus mediation of 43 filed + 4 yet to be filed cases involving one plaintiff’s firm and one defendant in a series of multi-party Fair Credit Reporting Act disputes
    • Large Indian grocery wholesaler claiming $450k non-payment by an Indian retail chain
    • Buyback of shares in a financially-strapped closely held corporation in exchange for $400k+ of materials
    • Third-party litigation funder challenging the value of legal services
    • Dissolution of a contract between the star of a series of instructional videos and the production company
    • China-based patent-owner and white label manufacturer claiming breach of patent license and manufacturing agreement by North American reseller
    • US reseller claiming that China-based supplier's products were defective
    • Fair Credit Reporting Act claim against one of the largest background check providers by an employee rejected employment based on false information in the credit report
    • Disputes between software engineering staffing agencies over commissions and enforcement of non-compete provisions
    • Attempts to enforce non-competition and no-hire agreements in California
    • Office space and staffing provider claiming non-payment by its client
  • Professional Liability
    • $1.5M wrongful death contingency fee award dispute between an attorney and client
    • $150k contingency fee award dispute between attorney and client resulting from successful real estate transaction during the Great Recession
    • Numerous disputes between attorneys and their clients over fees concerning the adequacy of services and billing practices
    • Disputes between investors and their financial advisors and brokers
    • Dispute involving an investor claiming that broker’s recommendation to invest in Puerto Rican bonds was unsuitable
    • Dispute involving elderly investor that brought a claim against a broker alleging that the recommendation to invest $1.4M in private placement TICs just prior to Great Recession was unsuitable

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

  • Honors and Awards
    • Honoree, Northern California ADR Faculty Conference, Center for Negotiation and Dispute (CNDR), 2020
    • ALM Media and Martindale-Hubbell, Northern California Top Rated Lawyer, 2019
    • Best Independent Mediator, The Recorder, 2014
    • Northern California Super Lawyer, 2013-Present
    • South Asian Bar Association of North America's Cornerstone Award, 2015
    • Coach of the Year – Foster City AYSO, 2014
    • Southern California's Top Rated Lawyers, 2012-2013
    • Super Lawyers Bay Area Rising Star in ADR, 2010-2012
    • National Asian Pacific American Bar Assoc.'s (NAPABA) Best Under 40 Award, 2007
  • Memberships/Professional Activities
    • State Bar of California: Council of Sections Co-Chair (2015-2016); Solo and Small Firm Section Chair (2013-2014)
    • South Asian Bar Association of Northern California President, 2006-2008
    • San Francisco Bay Area Intellectual Property Inn of Court Barrister, 2003-Present
    • California Minority Corporate Counsel Program Member, 2009-Present
    • National Asian Pacific American Bar Association, Alternate Regional Governor, 2008-2010
    • American Association of Physicians of Indian Origin Ethics and Grievances Committee Advisor, 2010-2011
    • South Asian Bar Association of North America: Board Member (2006-2007); National Convention Co-chair (2007: San Francisco)
    • U.S. Courts of Appeals for the Ninth Circuit and the Federal Circuit
    • U.S. District Courts for the Northern, Central, Southern, and Eastern Districts of California
  • Authored Articles
  • Speaking Engagements
    • Northern District Practice Program: Mediation, Settlement Conference, and Case Management (2018: San Jose); PLI Negotiation Skills (2016-2019: San Francisco); Ten Ways to Win for Your Client at Mediation (2018: Oakland); Negotiating via Text (2018: San Francisco); Learning from Experience: Making Arbitration Work (2018: San Francisco); Effective Negotiation and Settlement Strategies (2015: San Francisco); Anatomy of an Arbitration (2015: San Diego); Ethics in Arbitration Agreements, Fee Agreements, Joint and Successive Representation (2015: San Mateo); Carden Academy Commencement Keynote Address (2014: San Jose); Arbitrating a FRAND License for a Standards Essential Patent (2014: Redwood City); To Post or Not: The Social Media Ethical Dilemma (2014: Oakland, Riverside); ADA and Accessibility Risk Management for Law Firms (2013: Long Beach); Thinking on Your Feet at a Mediation (2012: Long Beach, Philadelphia, Ventura); Mock Mediation: A Behind the Scenes Look at a Mediation (2011: Long Beach); NASABA Idol - Interactive Workshop Focusing on Negotiation Strategies in Mediation (2010: Boston); New Initiatives in ADR in India (2006: Menlo Park); Mediation in Intellectual Property Matters in the U.S. (2005: New Delhi); Hot Topics in Trademark Law (2012: Monterey); Implications of Recent Patent Case Law (2012: San Jose)
  • ADR Profile
  • Principal, Flashpoint Mediation (San Mateo, Sacramento, and Irvine, CA), 2010-2015
  • Principal, Flashpoint Law (San Mateo and Irvine, CA), 2008-2015
  • Senior Litigation Associate, Mayer Brown (Palo Alto, CA), 2002-2008
  • Litigation Associate, Howard Rice Nemerovski Canady Falk & Rabkin (now Arnold & Porter) (San Francisco, CA), 1999-2001
  • J.D., University of Chicago Law School
  • B.A., magna cum laude, Double Major: Economics and Legal Studies, UC Berkeley

Counsel Comments

    • “Shirish was extremely effective as a mediator. It was readily apparent that Shirish thoroughly enjoyed his role as the mediator. He remained undaunted in the face of the occasional emotional outbursts of the parties. I contribute the reason the parties eventually settled this highly contested dispute to Shirish's unrelenting patience and understanding, as well as his ability to empathize with each party.”
    • “From the outset, I was impressed by Mr. Gupta’s professionalism and intuitive ability to navigate the parties’ conflicting views and positions. Shirish is fair, unbiased and I felt I could trust him.” 
    • “Shirish was personable, made efforts to put people at ease, and was empathetic without losing efficiency.” 
    • “On the eve of trial, the parties remained substantially apart. Mr. Gupta demonstrated patience in helping both sides understand not only the strengths, but also the weaknesses in their respective positions.” 
    • “Shirish is a thorough and thoughtful mediator.” 
    • “I thought Shirish did a good job of trying to understand the technology and bridge the gap between the parties. I also felt that he was good at trying to bring the parties together without being too pushy.”



Practice Areas

  • Antitrust/Competition Law
  • Arbitration
  • Banking
  • Business/ Commercial
  • Construction Defect
  • Employment
  • Entertainment & Sports
  • Financial Markets
  • Franchise
  • Health Care
  • Higher Education & Title IX
  • Insurance
  • Intellectual Property
  • Professional Liability
  • Securities
  • Special Master/Discovery Referee
Available nationwide


This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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