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Mr. Riley joins JAMS after 40 years as a trial lawyer focusing on intellectual property (IP) cases, including copyright, patent, technology license, trade secret and trademark disputes; complex business cases, including financial fraud, securities, venture capital, unfair or deceptive advertising, and real property/lease disputes; class actions; and high-net-worth trust and estate cases. As a lawyer, Mr. Riley tried more than 30 cases to verdict, with 18 months in trial and cases valued at more than $500 million, including many high-stakes arbitrations involving IP and technology issues.

Mr. Riley was twice recognized as a California Lawyer of the Year and a Daily Journal Top 100 California Lawyer. He served as president of the 2,000-member Northern California chapter of the Association of Business Trial Lawyers and as a lawyer representative to the Ninth Circuit from the Northern District of California. Clients report that Mr. Riley is “very bright, quick to grasp technical and legal issues, and very efficient” and that he “operates with the utmost integrity.”

For more than 15 years, Mr. Riley has served as a mediator for the Northern District of California in IP cases and for the Superior Courts in complex business and trust cases. As a mediator, he listens carefully to fully understand the parties’ issues and concerns; thoroughly reviews all relevant materials, including the underlying documents and case law; and offers his counsel and experience when appropriate. With relentless optimism, Mr. Riley strives to serve as a trusted neutral, vigorously pursuing resolution.

Representative Matters

Business Commercial

  • Mediated dispute over scrap aluminum supply contract
  • Mediated “Lemon Law” truck case
  • Mediated action for damages incurred by insured from defective fire sprinkler system
  • Mediated dispute concerning automated systems for monitoring real property
  • Jury trial of fraud case arising out of Ponzi scheme to sell mobile solar generators
  • Counsel in arbitration of former CEO’s business separation agreement
  • Litigated false advertising claims regarding cosmetics labeled as organic
  • Represented multiple venture capital clients in breach of fiduciary duty and fraud actions
  • Represented former CEO of Chapter 11 company in fraudulent conveyance action
  • Represented former AI employee in employment agreement and trade secret case
  • Multiple trials and cases for Big 5 accounting firm arising from tax and audit work
  • Jury trial of commercial lease with unconscionability and forfeiture issues
  • Tried arbitration of warranty claims under purchase agreement for airbag facility

Class Action

  • Jury trial of securities class action in connection with manufacture of semiconductors
  • Litigated class certification of wage and hour issues for janitorial franchisor

Estate Probate Trusts

  • Mediated family trust dispute, including claims of undue influence and deficient care
  • Trial of community property issues relating to $2.5 billion trust
  • Trust trial concerning oral contract to make a will, with asserted damages of $300 million
  • Trust trial and appeal of charitable remainder claims to real property
  • Trust dispute among family member asserting undue influence and lack of capacity
  • Brought claims of elder abuse and defended against claims of undue influence
  • As an advocate, resolved community property and undue influence claims by establishing support trust
  • As an advocate, resolved claim that handwritten note found upon decedent’s death amended his trust
  • As an advocate, handled Pro bono action for breach of trust to save historic San Francisco Japantown building

Intellectual Property

Copyright

  • Mediated copyright and unfair competition claims concerning use of expert report
  • Mediated claim for misappropriation of software for competing online games
  • Represented multiple clients in copyright actions concerning database software licenses

Patent

  • Mediated case concerning construction of patent for vacuum sealing device
  • Mediated patent case for fluid piping using pressure sensors
  • Mediated case concerning patents for testing and analyzing websites
  • Represented biotechnology company in interference action for lack of enablement
  • Litigated patent and trade secret claims concerning parallel chip computing
  • Trial of two patents relating to liquid crystal display television technology

Technology Licenses

  • Mediated royalty dispute under patent license for sale of computer hardware
  • Mediated license agreement dispute concerning online streaming and video services
  • Tried arbitration of software license to monitor cloud computing
  • Arbitration counsel for RFID technology license and related patent issues
  • Counsel in arbitration of patent rights for computer screen side-mounting technology
  • Technology license arbitration relating to carbon monoxide detector technology
  • Trial concerning arbitrability of technology license agreement

Trademark

  • Mediated dispute concerning substantial similarity and confusion between winery marks
  • Mediated infringement/trade dress case between two scuba companies
  • Mediated infringement and cybersquatting claims arising from anime conventions
  • Mediated dispute involving competing trademarks for dietary supplement products
  • Defended client in trademark case involving abandoned business name

Trade Secret

  • Mediated trade secret case involving licensed software for autonomous vehicles
  • Jury trial of trade secret, patent and trademark claims concerning random access memory (RAM) technology
  • Represented semiconductor fab in misappropriation case against former employees
  • Trial of trade secret case relating to video on demand
  • Defended former employee against claims of misappropriation of AI trade secrets
  • Represented client in software misappropriation case concerning purchase of rail tickets
  • Represented biotech company in case relating to theft of monoclonal antibodies

Honors, Publications and Background

Honors

  • Fellow, Trial Lawyer Honorary Society, Litigation Counsel of America, 2015–2026
  • California Attorney of the Year, 2022, 2003
  • Top 100 California Lawyer, 2023, 2022
  • Top California Defense Verdict, 2021, 2001
  • Chambers ranked for Intellectual Property Litigation: Trademark, Copyright & Trade Secrets, 2019–2026; High-Net Worth, Private Wealth Disputes, 2020–2026
  • Best Lawyers in the United States; Commercial Litigation, Alternative Dispute Resolution and Intellectual Property Litigation; 2021–2026
  • Lawyer Representative to the Ninth Circuit (selected by the judges of the Northern District of California), 2010–2013
  • President, Northern California Chapter, Association of Business Trial Lawyers (ABTL), 2007
    • Vice President, Treasurer, Secretary and Editor of the ABTL Report; 2001–2007
    • Board of Governors, 2012–2015
    • Membership Co-Chair, 2013–2014

Publications

  • “Filing Vaccine Injury Claims Under the Federal Vaccine Injury Act,” Daily Journal, 2021
  • “Saving the Japanese YWCA Building,” Daily Journal, 2019
  • “Trying a Trade Secret Case: A Road Map,” Litigation Magazine, Vol. 43, No. 3, 2017
  • “President Signs Defend Trade Secret Act,” Daily Journal, 2015
  • “How Not to Regret Your Direct: The Human Story,” Litigation Magazine, 41, 2015
  • “Trade Secret Damages,” Calculating and Proving Damages, Law Journal Press, 2011
  • “Three Legal Issues for Start-Ups,” Fortune.com, 2011
  • “Scripting a Winning Opening Statement,” ABTL Northern California Report, Vol. 19, 2010
  • “Trade Secrets Service,” Daily Journal, 2008
  • “Three Pitfalls for Trade Secret Plaintiffs,” ABA Business Torts Journal, Vol. 15, 2008
  • “Tips for Effective/Successful Arbitration,” ABTL Northern California Report, Vol. 14, 2005
  • The Fireman’s Rule: Defining Its Scope by The Cost-Spreading Rationale, 71 Calif. L.Rev. 218, 1983 (cited and relied on by 13 courts including the Supreme Courts of California, Colorado, Nevada, Ohio, and Puerto Rico)

Background and Education

Background and Education

  • Partner, Bartko Pavia LLP, 2010–2026
  • Partner, Howrey LLP, 2005–2010
  • Cooley Godward LLP, 1984–2005
    • Partner, 1989–2005
    • Associate, 1984–1989
  • Associate, McCutchen Doyle Brown & Enersen, 1983–1984
  • J.D., University of California, Berkeley School of Law, 1983
  • A.B., History, Dartmouth College, 1979

Virtual & In-Person Locations

Home Office

  • San Francisco, CA

Available to Travel To

  • Atlanta, GA
  • Austin, TX
  • Boca Raton, FL
  • Boston, MA
  • Dallas, TX
  • Detroit, MI
  • Houston, TX
  • Miami, FL
  • Minneapolis, MN
  • New York, NY
  • Philadelphia, PA
  • Sacramento, CA
  • Santa Rosa, CA
  • Seattle, WA
  • Silicon Valley, CA
  • St. Louis, MO
  • Walnut Creek, CA
  • Washington, DC

Virtual hearings available nationwide

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