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CONTACT CASE MANAGER

Hon. Elizabeth D. Laporte (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Antitrust & Competition
    Business Commercial
    Civil Rights
    Class Action & Mass Tort
    Employment Law
    Environmental Law
    Health Care
    Insurance
    Intellectual Property
    International & Cross Border
    Life Sciences
    Personal Injury
    Privacy
    Professional Liability
    Smart Contracts & Blockchain
    Honors, Memberships, and Professional Activities
    Background and Education

    Hon. Elizabeth D. Laporte (Ret.) joined JAMS in 2019 as a mediator, arbitrator and court-appointed neutral (special master/referee) after more than two decades as a United States magistrate judge for the Northern District of California. Judge Laporte served as chief United States magistrate judge for the Northern District of California from 2013 to 2015. During her tenure as a magistrate judge, she presided—by consent of the parties—over a wide array of civil matters, managing a robust docket that encompassed patent, trademark, copyright, business, class action, employment, insurance, environmental, antitrust and civil rights litigation.

    Since joining JAMS, Judge Laporte has resolved numerous disputes across a wide range of practice areas, including complex, high-stakes disputes in technology, software and pharmaceuticals, drawing on her deep knowledge to navigate technically sophisticated and legally challenging matters.

    As an arbitrator, Judge Laporte is committed to fostering a fair and efficient process, providing counsel the opportunity to fully present their cases and arguments. As a mediator, she is known for her meticulous preparation, sharp legal insight and exceptional ability to bring even the most challenging matters to resolution. Her deep command of the law, combined with a practical, solutions-oriented approach, enables her to guide parties toward resolution in the most demanding disputes.

    Those who have observed Judge Laporte in settlement discussions have shared the following comments: 

    • “She is the sort who will stay at the table until the deal is concluded.”
    • “She is very detail oriented. She takes a hands-on approach.”
    • “She had tough questions for both sides and yet let both sides say what they needed to…. The issues were fully aired.”
    • “The things that stands out are her open-mindedness, thoughtfulness and thoroughness.”

    ADR Experience and Qualifications

    • Presided over one of the nation’s largest civil caseloads through summary judgment or trial with consent of the parties as a magistrate judge in the Northern District of California; this court leads the nation in consent cases before magistrate judges by a large margin
    • Previously served as the alternative dispute resolution magistrate judge for the Northern District of California
    • As a magistrate judge for over 20 years, conducted hundreds of settlement conferences and resolved hundreds of discovery disputes

    Representative Matters

    • Antitrust & Competition
        • Mediated antitrust price collusion dispute involving auto parts
        • As a judge, presided over antitrust dispute alleging conspiracy to fix prices
        • Datel v. Microsoft
          • Presided over case involving allegations of antitrust, patent infringement and copyright violations related to video game technology; the plaintiff manufactured accessories for the defendant’s gaming system and brought antitrust allegations after the defendant altered its software, disabling the plaintiff’s product; the defendant then brought claims for patent infringement against the plaintiff 
    • Business Commercial
        • Mediated and arbitrated numerous breach of contract disputes
        • Mediated dispute regarding bank’s alleged mismanagement of foreclosure surplus funds, including allegations of racketeering under the federal
        • Racketeer Influenced and Corrupt Organizations Act (RICO) and violations of California’s Unfair Competition Law (UCL)
        • Mediated dispute between online business and reputation management company involving unfair competition, trademark infringement and dilution, contract breach and false advertising law violations
        • Mediated dispute between cryptocurrency company and token and cryptocurrency exchange, alleging trademark infringement
        • Mediated breach-of-contract dispute alleging failure to remit an extraordinary cash distribution related to stock sold under an option contract for restricted stock units (RSUs)
        • Discovery referee for alleged breach of distribution contract
        • Mediated breach of fiduciary duty involving alleged inadequate insurance coverage for a property with multiple buildings destroyed in a large fire
        • Mediated breach of contract dispute involving software development
        • Mediated breach of contract, conversion, declaratory relief and copyright infringement dispute between two businesses, both financial technology services companies, focused on payments processing and card issuance
        • Mediated dispute involving alleged advertising fraud involving hard drives
        • Mediated securities dispute: derivative actions
        • Mediated breach of contract, fraud and related claims by assignee of cosmetics company arising from the recall of a cosmetic product due to alleged contamination
        • Early neutral evaluator and mediator for software licensing dispute involving consumer electronic accessory
    • Civil Rights
        • Mediated dispute involving alleged disability discrimination and use of force claims against a public university and county in California
        • Discovery master for case involving minor child against a school district
        • Mediated racial discrimination case against school
        • Mediated alleged unlawful detention and excessive force by patrol at Golden Gate Bridge.
        • As a judge, presided over excessive force and other section 1983 cases 
    • Class Action & Mass Tort
        • Mediated two federal putative class actions in two states involving consumers and a motor vehicle manufacturer concerning alleged defect in vehicles not properly remedied by manufacturer, claiming breach of warranty and various related state and federal statutes
        • Mediated class action against a bank for charging excessive fees, which were allegedly not properly disclosed, in violation of contract for certain uses of other entities’ ATMs
        • Neutral analysis for class action alleging website’s advertising practices violated California’s UCL
        • Mediated class action involving form mortgage agreements, alleging violations of multiple state statutes regulating the amount of interest charged on escrow accounts  
        • Mediated class action regarding alleged overcharging of bank fees to U.S. service members
        • Mediated putative class action alleging improper overdraft fees based on misleading/ambiguous contract
        • Mediated numerous wage and hour class actions
        • Mediated securities class action involving the purchase of shares of common stock
        • Mediated consumer class actions, including ones alleging false advertising
        • Mediated class actions of both exempt and nonexempt employees against two retail store chains for non-reimbursement of personal cell phones that employees were required to use
        • Served as special master to review and report on cy pres applications for distribution of settlement funds
        • Mediated consumer class action against a major food manufacturer accused of falsely labeling products as having no preservatives
    • Employment Law
        • Arbitrated consumer employer wage and hour case
        • Arbitrated numerous matters involving breach of contract, discrimination, harassment, whistleblowers and retaliation
        • Mediated numerous employment disputes involving claims of gender, racial, age and disability discrimination; breach of contract; sexual harassment; wage and hour; California Private Attorneys General Act (PAGA); and meal and rest break violations, including C-suite and high-level executives in businesses, universities, nonprofits and the public sector  
        • Mediated employment case involving ERISA
        • Mediated multiple disputes regarding trade secrets and noncompetition
        • Mediated wrongful termination/retaliation disputes involving technology and pharmaceutical companies
    • Environmental Law
        • Mediated dispute involving a worker’s claim of exposure to unsafe radiation and hazardous substances at a shipyard, alleging negligence by a contractor that conducted environmental investigations under CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) standards
        • Mediated dispute regarding California’s hazardous waste control laws
        • As a judge, presided over major environmental cases  
    • Health Care
        • Mediated dispute involving the sale and purchase of a medical billing company
        • Mediated copyright/trademark dispute between competitors in artificial intelligence (AI) for healthcare automation
        • Mediated dispute regarding employment noncompetition and trade secrets involving a medical staffing company
        • Mediated breach of contract and related statutory and common law claims for failure to commercialize healthcare technology under licensing agreement
    • Insurance
        • Mediated consumer class action lawsuit against an insurance company for alleged breach of contract and bad faith
        • Mediated class action lawsuit claiming that an automobile insurer overcharged drivers who qualified for good driver discounts, in violation of California Insurance Code § 1861, et seq
    • Intellectual Property

      • Patent

        • Arbitrated patent/trade secrets dispute
        • Mediated patent litigation focused on Lidar (Light Detection and Ranging) technology involving both U.S. and Chinese companies
        • Mediated patent inventor’s multimillion-dollar breach of contract/patent infringement lawsuit against major Asian corporation and its U.S. subsidiary over unpaid royalties alleged due under patent licenses
        • Mediated complex two-patents infringement dispute involving cutting-edge gene-therapy
        • Mediated patent dispute involving video game technology
        • Mediated investor-claimant/ownership dispute regarding two technology patents including bad faith allegations, ownership issues and Washington Consumer Protection Act claims
        • Special master for motion in limine in pharmaceutical patent case
        • Special master for multi-patent dispute involving cybersecurity technology regarding adequacy of infringement contentions
        • As a judge, issued Markman rulings on claims construction in patent cases 

        Copyright/Trademark

        • Mediated numerous copyright/trademark infringement disputes
        • Mediated breach of contract suit to enforce allegedly violated prior settlement agreement in trademark dispute, as well as related trademark infringement between pet services companies
        • Mediated copyright infringement case involving software
        • Mediated trademark dispute between companies with health care products and related services, including vitamins and over-the-counter medicines
        • Mediated trademark infringement action between snack food product companies 

        Trade Secrets

        • Mediated a multimillion-dollar case alleging misappropriation of trade secrets intended to reduce food waste and spoilage between inventing startup company and a major retailer alleged to have utilized the information to file its own patents
        • Arbitrated trade secrets misappropriation action related to pulse transformers
        • Mediated trade secret dispute involving major retailer
        • Mediated several misappropriation of trade secrets disputes
    • International & Cross Border
        • Mediated dispute between U.S. company and Taiwanese supplier of component parts contract
        • Mediated copyright infringement and related claims in gaming industry by South Asian company against European parent company and U.S. subsidiary, including jurisdictional issues
        • Tripartite arbitration under the International Chamber of Commerce (ICC) Rules of Arbitration regarding alleged unpaid royalties under a technology agreement between a major company with photographic capability on its mobile devices and a provider of photo recognition software and hardware; the amount in dispute was over US $100 million
        • Tripartite arbitration under the International Centre for Dispute Resolution (ICDR) Rules of Arbitration involving a contract dispute between a California company and a Japanese company that was seated in Tokyo; Both California law and Japanese law applied; the amount in dispute was approximately US $10 million to $15 million
        • As a judge, held settlement conference for trademark infringement case against a Chinese manufacturer of smartphones and associated chargers by wireless headphone American subsidiary and German parent
        • 2007 Chinese High-Tech Enterprise and U.S. IP Litigation Strategy Forum; China Intellectual Property Society; Beijing Foreign Studies University; Shenzhen, Shanghai and Beijing
          • Presided over mock patent trial, Chinese State Intellectual Property, Bo'ao, China
    • Life Sciences
        • Mediated dispute between pharmaceutical company and weight loss company, alleging violations of federal and California laws, false advertising/unfair competition and trademark infringement
        • Discovery referee for pharmaceutical product liability case
        • Special master for motion in limine in patent case involving pharmaceutical company
        • Mediated patent infringement case between leading competitors in operating room technology/medical field
        • Mediated Defend Trade Secrets Act (DTSA) case between two specialty pharmaceutical companies
        • Mediated patent case involving a challenge to the validity of a patented diagnostic related to using DNA to detect a pathogen associated with a disease-causing bacterium
        • Mediated employment disputes involving a biopharmaceutical company, cloud-based personal health care products manufacturer, biological equipment manufacturer and research company specializing in life sciences
        • Mediated employment dispute by employees who worked on advanced bioscience projects directed at cancer in several related startup companies against their common owner over alleged broken promises of stock grants, including claims for fraud, negligent misrepresentation, estoppel and breach of contract
    • Personal Injury
        • Mediated child sexual abuse case involving school
        • Arbitrated dispute regarding breach of contract and negligence relating to the destruction of stored eggs and embryos due to cryogenic storage tank failures
        • Neutral analysis for case involving adolescent addiction to social media
        • Federal Tort Claims Act (FTCA) mediation relating to a traffic accident involving a United States Postal Service vehicle
    • Privacy
        • Discovery referee for dispute involving private internet browsing and the Federal Wiretap Act, California’s Invasion of Privacy Act, the Comprehensive
        • Data Access and Fraud Act, invasion of privacy, intrusion upon seclusion, breach of contract and California’s UCL
        • Mediated class action alleging that website misappropriated names, photographs and likenesses without obtaining users’ consent or providing compensation
    • Professional Liability
        • Mediated matter involving professors and a postdoctoral student at a public university and alleged violations of the university’s Faculty Code of Conduct

    Honors, Memberships, and Professional Activities

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

    Selected Awards and Honors

    • Judicial Leadership Award, Electronic Discovery Institute, 2015
    • California Lawyer of the Year, California Lawyer, 1996

    Memberships and Affiliations

    • Vice President, Board of Governors, Northern California Chapter of the Association of Business Trial Lawyers, 2025
    • Member, Judicial Advisory Board for the Trade Secret Case Management Judicial Guide, 2023
    • Member; ChIPs; Advancing Women in Tech, Law and Policy
      • Member Spotlight, ChIPs Blog, 2020
    • Member, Cross-Border Privilege Issues Brainstorming Group, The Sedona Conference, 2019–2020
    • Member, Board of Governors, Northern California Chapter of the Association of Business Trial Lawyers
    • Judicial Co-Chair, Training Program, Federal Judicial Center and Electronic Discovery Institute, 2017–2019
      • Faculty Member, 2015–2019
    • Member, Patent Local Rules Committee, United States District Court, Northern District of California, 2015–2019
    • Member, Judicial Advisory Board, The Sedona Conference, 2013–2019
    • Board Member, Federal Magistrate Judges Association, 2018–2019
    • Founder, Women Attorneys Advocacy Project, United States District Court, Northern District of California, 2015
    • Member, Editorial Board, Federal Courts Law Review, 2014–2019
    • Judicial Observer, Working Group 1 on Electronic Document Retention and Production, The Sedona Conference, 2008–2019
    • Chair, Northern District of California Local Rules Committee Subcommittee on E-Discovery, 2012
    • Member, Judicial Review Team, The Sedona Conference Cooperation Proclamation Resources for the Judiciary, 2011
    • Member, Executive Board, Ninth Circuit Magistrate Judges, 2004–2005, 2013–2014
    • Chair, 2004–2005
    • Member, Jury Trial Improvement Committee, Ninth Circuit Court of Appeals, 2002–2009
    • Chair, Magistrate Judge Executive Board, Ninth Circuit; Observer, Judicial Council, Ninth Circuit, 2000–2002

    Selected Publications

    Judge Laporte has written numerous articles and participated in many publications, including the following:

    • “Tailored Approach,” ADR Profile about Judge Laporte, Daily Journal, September 2023
    • Panelist, “[Podcast] JAMS Neutrals Discuss the Advantages of ADR in IP Disputes,” JAMS ADR Insights, October 2022
    • “ADR and Diversity in the Life Sciences Sector: Perspectives From Four JAMS Neutrals,” JAMS ADR Insights, January 2022
    • "Women’s History Month: Women in Law and ADR", JAMS ADR Insights, March 2021
    • "Access to Justice and Lessons Learned During a Pandemic", JAMS ADR Insights, October 2020
    • "How is virtual mediation impacting the US legal sector?", JAMS ADR Insights, July 2020
    • "Why Now Is a Good Time to Engage in Mediation or Other Streamlined Dispute Resolution", JAMS ADR Insights, June 2020
    • "5 Tips for Protecting Legal Privilege During Global Litigation - The Judicial Perspective", ACC Docket, June 2020
    • "Success for Women In and Out of the Courtroom", ABTL Report, May 2020
    • "Trade Secret Litigation on the Rise in California: How ADR Can Help", Daily Journal, March 2020
    • Contributed to the Federal Judicial Center’s Patent Mediation Guide, January 2019
    • “Trying Employment Cases: A View From the Bench,” Northern California Association of Business Trial Lawyers’ ABTL Report, Winter 2011/2012
    • Co-Author, “Wrongful Termination and Related Disputes,” Chapter 61: " Bringing and Defending Wrongful Termination Claims" in California Employment Law, 2010
    • “Getting the Most Out of Judicial Settlement Conferences,” Northern California Association of Business Trial Lawyers’ ABTL Report, Winter 2006
    • "Judge's Perspective: E-Discovery: New Federal Rules, Same Basic Principles,” California Civil Litigation Reporter, Vol. 28 No. 6; December 2006
    • “Managing the Runaway Patent Case,” Northern California Association of Business Trial Lawyers’ ABTL Report, Summer 2003
    • Judicial Reviewer, Continuing Education of the Bar’s California Civil Discovery Practice

    Selected Speaking Engagements

    • Panelist, “Advanced Mediation Techniques: IP and Insurance,” China Council for the Promotion of International Trade (CCPIT) Mediation Center, August 2025
    • Panelist, “Mediation: All You Wanted to Know but Were Afraid to Ask,” Consumer Attorneys of California Napa/Sonoma Travel Seminar, March 2025
    • Panelist, Women Lead Counsel Summit, August 2023
    • Panelist, “Truth, Lies and Consequences: Trial Lessons Learned From the Theranos and Elizabeth Holmes Cases,” ABTL Northern California Chapter, January 2022
    • 22nd Annual Berkeley-Stanford Advanced Patent Law Institute, Berkeley Center For Law & Technology and Stanford Law School, October 2021
    • 14th Annual E-Discovery Conference, Gibbons P.C., October 2021
    • Annual Seminar, San Francisco Intellectual Property Law Association, September 2021
    • Arbitration: How eDiscovery differs in Arbitration from Civil Litigation, DC Chapter of Women in eDiscovery, May 2021
    • Patent Disputes Forum, JAMS, March 2021
    • 4th Annual Putting Insights Into Practice Forum, Complete Discovery Source, January 2021
    • Third Annual Trade Secrets Protection, Enforcement, and Litigation, Sandpiper Partners, December 2020
    • Cutting-Edge Employment Law Issues 2020: The California Difference, Practising Law Institute, September 2020
    • Alternative Dispute Resolution in the COVID-19 World, New York Intellectual Property Lawyers Association, July 2020
    • Resolving Cases in the World of COVID-19: Tips from Mediators on Settling Cases in Remote Mediations, Bar Association of San Francisco, May 2020
    • Overcoming Gender Bias in and out of the Courtroom, ABTL Northern California, March 2020
    • Advanced e-Discovery Institute, Georgetown Law, November 2019
    • Moderator of panel of US Federal and Chinese IP Judges at 2nd Annual Berkeley-Tsinghua Transnational Intellectual Property Litigation Conference, October 2019
    • Chinese High-Tech Enterprise and U.S. IP Litigation Strategy Forum, China Intellectual Property Society; Beijing Foreign Studies University, Shenzhen, Shanghai, and Beijing, China, 2007
      • Speech regarding view from District Court Bench (regarding number of patent suits, how patent infringement is determined, including claim construction, defenses, role of judge in proceedings, role of jury in proceedings, how Chinese company should behave in U.S. patent litigation, including engaging in good faith discovery and pursuing settlement track simultaneously and diligently)

    Background and Education

    • United States Magistrate Judge, Northern District of California, 1998–2019
      • Chief United States Magistrate Judge, Northern District of California, 2013–2014
    • Chief of Special Litigation, San Francisco City Attorney’s Office, 1996–1998
    • Administrative Law Judge, California Department of Insurance, 1991–1996
    • Partner and Associate, Turner & Brorby, 1983–1991
    • Law Clerk, The Honorable Marilyn Hall Patel, Northern District of California, 1982–1983
    • Policy Planner/Economist, Federal Trade Commission, 1977–1979
    • J.D., Yale Law School, 1982
    • M.A., Oxford University, 1977
      • Marshall Scholar
    • B.A., Princeton University, 1975
    Counsel Comments
    • "She clearly put a fair bit of thought into how to approach each mediation. I've been before some mediators, who have a standard template, and you see the same thing if you do repetitive mediations with them. But she approached each of these mediations differently, which showed that she was thinking about what would really work best in each instance. You can tell she was a federal judge for a long time because she doesn't have much tolerance for BS. She's not going to be a mediator who indulges people's fantasies, which sometimes happens in mediation. My sense is she will do it politely, but she will tell people that she thinks they're off base, which I think is a very good characteristic to have in a mediator."
       

       – 

      Menlo Park Intellectual Property Litigator

    • “You truly were instrumental in getting the two sides to a common ground.” 
       

       – 

      San Francisco Attorney 

    • "She's just so likable, and I think she does a really nice job right away earning trust with the clients and their representatives and building a rapport. She has this demeanor about her where it was a very pleasant experience, but then you also think, 'Well, I remember exactly where Judge Laporte said my case was going to fall apart."
       

      – San Francisco Intellectual Property Attorney 

    • "It was a very productive mediation, which couldn't be without your great effort and professional work."
      – CA Corporate Representative
    • “Judge, great job, thank you so much.” 
      – Bay Area Employment Attorney
    • “…thank you for your excellent advice and guidance, to both parties, in achieving a resolution to the legal case that has gone on for too long. I am certain that we would still be battling away if you had not been involved, so I cannot thank you enough for your insight and in particularly the preparation you did for the mediation […] You are an amazing example of somebody who takes their profession extremely seriously and applies a rigorous and diligent approach to it, without that we would not have got this case resolved. You also do all of that in a very friendly and sincere way.”
      – CEO of Technology Firm
    • "It was a very productive mediation, which couldn't be without your great effort and professional work."
      – Attorney
    • "Thank you Judge Laporte for the update and for your great assistance with this mediation."
      – CA Attorney
    • "Thank you for all your assistance and counsel Judge Laporte!" 
      – Bay Area Attorney
    • "Thank you for getting the parties to the final conclusion" 
      – CT Attorney
    • "Thank you for your assistance – it made a big difference"
      – Bay Area Attorney
    • “…thank you again for your work in helping us resolve [our] matter.  Given where we started and where we were in the late afternoon, I was pleasantly surprised that we were able to reach agreement, and attribute our success to your terrific work.” 
      – San Francisco Attorney 
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