James Kleinberg

Hon. James P. Kleinberg (Ret.)

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


Hon. James P. Kleinberg (Ret.) brings over 34 years as a former Senior Litigation Partner of a major international law firm devoted to complex civil litigation, a former federal prosecutor, and over 11 years as a California Superior Court Judge sitting in Santa Clara County (Silicon Valley).

As a lawyer, Judge Kleinberg’s extensive litigation practice included numerous complex international cases involving multi-national commercial disputes, intellectual property issues, class actions, securities, antitrust, and trade regulation matters in state and federal courts throughout the nation, as well as internationally in Taipei, Hong Kong, Manila, Ottawa, Milan, and Munich. These cases included the representation of high technology companies, accounting firms, agencies of foreign governments, outside directors in securities litigation, sports teams and leagues, and individuals in SEC investigations.  His private practice included representing both U.S. and international clients within these practice areas in key arbitrations.

Judge Kleinberg continued his work on complex civil cases on the bench, acting as settlement judge in dozens of cases. His most recent judicial experience was serving for three years as one of 18 Superior Court judges in California, managing the Complex Civil Litigation Program. Prior to that assignment he served as the supervising judge of the court’s civil division, as well as presiding over jury and court trials and discovery issues.

As a lawyer, he was one of the founders of the Early Neutral Evaluation program for the U.S. District Court, Northern District of California. That Federal Court has recently appointed Judge Kleinberg to be its first Co-Ombudsperson. On the Superior Court, he served as an Executive Committee member and chair of the Technology Services Committee.

Judge Kleinberg was recently honored with several additional awards.  He was named the 2014 “Judge of the Year” by the Santa Clara County Trial Lawyers Association, and he received the 2013 “Outstanding Jurist” award from the Santa Clara County Bar Association.

As a JAMS neutral, Judge Kleinberg is known for his preparedness and his pragmatic approach to resolving disputes. He is noted for being creative, astute, and analytical. His strong international experience as a litigator and a judge make him an ideal neutral for complex international cases.

Representative Matters

  • Handled complex cases in the Philippines, Hong Kong, Taiwan, Canada, Germany, and Italy
  • Imperial Bank v. Comdata, United States District Court Northern District, California
  • Litronix- contract dispute with Toronto-based company, resulting in arbitration in San Francisco, negotiations in Canada
  • Nan Pao v. Sybase - contract dispute with discovery in Taipei and Hong Kong; arbitration in San Francisco
  • Cognos - contract dispute with discovery and negotiations in Ottawa
  • Philippine Export & Foreign Loan Guarantee Corporation v. Chuidian – issues relating to loans and investments
  • Vondjidis v. Hewlett Packard Company – (2014) class certification motion
  • Represented major European insurance companies in disputes over pre-World War II Policies; participated in global settlements and dismissals of actions
  • Allianz (and its subsidiary Riunione Adriatica di Sicurta SpA) global settlement of pre-World War II insurance claims - discovery in Germany and Italy
  • Network Caching v. Akamai Technologies - (internet technology) United States District Court, Northern District, California
  • Business Objects v. Cognos Corporation - (database software – patent) United States District Court, Northern District, California
  • Amazon.com v. Barnes & Noble - (business methods – patent) United States District Court, Western District, Washington
  • Hartford House v. Microsoft Corporation - (junk mail filters on the internet) Santa Clara County Superior Court
  • Nufert v. Metabolex Corporation - (trade secrets – biotechnology) Alameda County Superior Court
  • TMP Interactive, (Monster.com) and Excite@Home - (mediation and arbitration regarding internet sites)
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Honors and Memberships

  • Judicial Advisor, Sedona Conference, Trade Secrets Working Group, 2021
  • Member, California Lawyers Assocaition International Law Section, 2020
  • Advisor, California Lawyers Association International Law Section, 2020
  •  Vice-Chair, American Bar Association International Law Section, International Litigation Committee, FY2020-21 Steering Group 
  • Member, Board of Directors, Association of Business Trial Lawyers, Northern California Chapter
  • Vice Chair, Policy Subcommittee, American Bar Association International Litigation Committee, 2018-2019 Appointed Co-Ombudsperson for U.S. District Court, Northern District of California, 2014 - present
  • Named “Judge of the Year,” Santa Clara County Trial Lawyers Association, 2014 Awarded, “Outstanding Jurist,” Santa Clara County Bar Association, 2013
  • Member and Advisor, Executive Committee, Litigation Section, State Bar of California, 2000-2012
  • Listed, “Best Lawyers in America: Business Litigation,” Silicon Valley and San Francisco, CA, 1987-2002
  • Award of Merit, Bar Association of San Francisco, 1976
  • Holton Teaching Fellow, Haas School of Business, University of California, Berkeley

ADR Profile

Educational Speaking Events 

  • Panelist at Pincus Educational Program "Litigation Boot Camp", 2020
  • Panelist on Judicial Roundtable for Sedona Conference on Trade Secrets Litigation, 2020
  • Annual panelist for Practising Law Institue, San Francisco and New York
  • Panelist for Sedona Conference on Trade Secrets Issues
  • Annual panelist for Pincus Professional Education 

Leadership positions

  • Former President, Ninth Judicial Circuit Historical Society
  • Former President and current Board Member, Hon. William A. Ingram Inn of Court
  • Board Member, Silicon Valley Campaign for Legal Services
  • Member, U.S. Magistrate Judge Merit Selection Panel
  • Chair, Litigation Section, State Bar of California
  • Judge, Superior Court of California, Santa Clara County, 2002-2014
  • Partner, McCutchen, Doyle, Brown & Enersen (now Bingham McCutchen), 1983-2002
  • Associate and Partner (and managing partner), Petty, Andrews, Tufts & Jackson (later Jackson, Tufts, Cole & Black), 1969-1983
  • Trial Attorney, U.S. Department of Justice, Antitrust Division, 1967-1968
  • J.D., University of Michigan, 1967
  • B.A., University of Pittsburgh, 1964



Practice Areas

  • Antitrust
  • Arbitration
  • Business/Commercial
  • Class Action/Mass Tort
  • Employment
  • Financial Markets
  • Insurance
  • Intellectual Property
  • International & Cross-Border
  • Securities
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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