Biography
Mr. Himmelman has mediated and arbitrated a number of intellectual property disputes over the past two decades. These cases have involved patents, licensing, royalties, copyright, and trademark issues. In addition, his many years of private practice involved litigation and negotiation of a substantial number of intellectual property cases concerning disputes among national and multi-national companies over proprietary data and other information necessary to meet extensive governmental regulatory and licensing requirements.
Representative Matters
- Artist Royalties
- One of three members of a United States Copyright Arbitration Royalty Panel resolving the distribution of royalties owed to recording artists whose music was played on digital audio recording technology.
- Copyright/Trademark
- Mediated several disputes that involved copyright and trademark issues, including cases related to popular consumer products and proprietary technology in telecommunications.
- Licensing/Marketing
- Mediated numerous licensing, marketing, and breach of contract disputes involving, for example, software, technology, information management systems, transportation, and consulting companies, including issues arising out of alleged fraud and ancillary claims. Several cases stemmed from disagreements after mergers and acquisitions. The cases frequently have included disputes between an acquiring company and the owners and officers of the acquired business concerning respective rights in proprietary products, royalty entitlements, executive compensation, and non-compete requirements.
- Patents/Consumer Product
- As part of a three-member mini-trial panel, performed a case evaluation for two of the nation’s major consumer product suppliers in a dispute over the patent to a packaging technology that was critical to the success of the consumer product. The dispute was resolved after the panel’s evaluation was presented and explained to the parties.
- Patents/Technology
- Mediated patent dispute between patent holder and company operating in the telecommunications field involving claims and cross-claims pending in two Federal courts and a State Court. Settlement resulted in dismissal of all court actions and provided for the opportunity to pursue ongoing business relations.
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Mediator, U.S. District Court and U.S. Court of Appeals (DC Cir.) ADR Program since 1995
- Member, ABA and DC Bar Dispute Resolution Sections
- Visiting Lecturer, American University and George Washington University Law Schools, 2013
- Former Member, U.S. Copyright Arbitration Royalty Panel
- Former Member, D.C. Bar Fee Conciliation and Arbitration Service
- Former Member, JAMS Regional Advisory Council
- Former Board Member, Boys & Girls Clubs of Greater Washington and the D.C. Boys & Girls Clubs
- Current Member of private, non-profit Boards
- LL.B., New York University School of Law, 1967 (Walsh Scholar)
- B.A., cum laude with highest honors, Williams College, 1964 (Phi Beta Kappa)
- Trial Attorney, U.S. Department of Justice, Civil Rights Division, Honors Law Program
- Senior Partner/Director, Beveridge & Diamond, P.C., Washington, D.C. for 38 years. (Firm’s first Managing Partner; currently Senior Counsel)
- Practice included litigation, arbitration, and negotiation advocacy, including jury and non-jury trials involving federal and local governments, corporations, citizens groups, and individuals. Cases included commercial, intellectual property, environment, tort, discrimination, and first amendment. Representation included plaintiffs and defendants, large and small companies, and consortiums of national and multi-national companies.
Counsel Comments
- “An agreement could not have been reached without Harold’s intervention. He was incredibly well-prepared and a master of shuttle diplomacy. At the appropriate times he was sympathetic, at times forceful. He was always patient. No matter how impenetrable various impasses seemed, he would never give up and always had creative suggestions. He kept both sides, and their lawyers, calm and focused through this highly charged process."
- Senior Partner, National Law Firm - "This was a case of great complexity. It was only because of your creativity, diligence, and faith that settlement was reached. I want to thank you very much for all your efforts. This was in many ways a ‘model mediation in which through your efforts, parties acting in good faith were able to come to an agreement that fully satisfied the interests of all concerned.."
- Senior Federal Judge - “Without your skill and persistence, the litigation in this case likely would have continued for several additional years at great expense in time, financial and human resources to all parties involved. Instead, through the efforts of your good offices, the parties have achieved a mutually satisfactory resolution. You have done a great service not only to the litigants and the court, but to the taxpayers as well.”
- Senior Official, Federal Agency - “This was probably the most difficult mediation in which I have been involved. I am deeply appreciative of your extraordinary efforts, skill and commitment.”
- Partner, Top 30 National Law Firm - “Your unrelenting efforts to move the parties towards a resolution of this complex and high profile matter resulted in a fair and equitable resolution for all concerned. It is an acknowledgement of your skill and acumen as a mediator that not only was an agreement reached but that the parties are all so pleased with the end result.”
- General Counsel, Federal Agency - “Mr. Himmelman performed his duties as mediator with scrupulous fairness, patience, skill and insight, ultimately enabling the parties to settle this case despite substantial long-standing differences. Mr. Himmelman is one of the most effective mediators we have encountered.”
- Partner, DC Law Firm - “I didn’t think that our chances for success were great, but that was only because I didn’t factor in your expertise. I really don’t think we could have reached a settlement without you.”
- Partner, Top 100 National Law Firm - “I just wanted to express my appreciation for the quality of the mediation service you performed. Disputes, by definition, should never be pleasant to play out. But, the way you handled the proceeding, coupled with your personal comportment and capabilities, made the battle almost tolerable. You are an extremely competent mediator.”
- Senior Executive, Energy Company
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- Arbitration
- Banking
- Business/Commercial
- Construction Defect
- Cybersecurity & Privacy
- Employment
- Entertainment and Sports
- Environmental
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- Governmental/Public Agency
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