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Michael Young

Michael D. Young, Esq.

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Case Manager
George Cuervos
T: 212-607-2789
F: 212-751-4099
620 Eighth Avenue, 34th Floor, New York, NY 10018
gcuervos@jamsadr.com

Since joining JAMS as a full-time neutral in 1989, Mr. Young has conducted over 1,750 complex or multi-party mediations and arbitrations in over thirty states and abroad, and has been appointed as a mediator or special master (for discovery management or settlement implementation purposes) by various federal, state, and bankruptcy courts. Mr. Young is a member of the CPR International Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals, an elected fellow of the College of Commercial Arbitrators and an elected “neutral” member of the College of Labor & Employment Lawyers. 

Mr. Young has successfully mediated or otherwise served as a neutral in many diverse types of intellectual property and entertainment-related cases.

Mr. Young has been recognized by various publications and members of the legal community in New York, and more broadly, as a skilled and widely respected mediator and arbitrator. For example, in 2017, Chambers and Partners identified Mr. Young as one of the seven mediators in the United States recognized in Band One and noted “his deft, subtle handling of mediations…”

Representative Matters

  • Claim for copyright infringement and violation of "moral rights" statutes (under the laws of Puerto Rico and various Central and South American countries) brought by a composer and singer of Salsa music against a record producer
  • Contract dispute between record/CD company and producers of popular “reality” television show
  • Copyright infringement claim by photographer against the publishers of various golf-related books
  • Copyright infringement claim by song-writer against high profile band
  • Copyright infringement claim by a developer of a popular video game against the developer of another such game (also raising contract interpretation and patent issues)
  • Copyright infringement claim by playwright against producer of a popular movie
  • Copyright infringement claim by screen-writer against a studio that produced a popular movie
  • Copyright infringement claim, under NYS common law, regarding recordings of classical music
  • Member of a three-arbitrator panel in a Library of Congress Copyright Arbitration Royalty Panel ("CARP") proceeding involving the allocation of a $200 million copyright royalty fund among various copyright holder claimant groups
  • Royalty disputes involving the rights to the music of a popular composer/conductor and the rights to the artwork of a popular children’s illustrator
  • Several patent cases, including one involving MRI technology and another involving cable television tuning mechanisms
  • Several trade secret cases, including one involving the alleged taking of aerospace technology information
  • Trademark infringement case involving the marks to a popular fashion line
  • Trademark infringement claim relating to marks on pre-paid telephone cards
  • Various contract disputes involving computer software and the design of web sites, including a claim by a professional sports league against the consultant who designed and built its web site, and various other disputes involving high tech companies or technology-related issues, including employment matters brought by workers in the high tech field
Awards
  • Recognized in 2018, 2017 and 2016 by Chambers and Partners as one of the seven mediators in the United States in "Band One” and described by Chambers as a “very talented yet very humble” mediator who “enjoys considerable repute as a standout mediator of challenging disputes”
  • Chosen by Best Lawyers as “Mediator of the Year” in New York City for 2018 - 2019
  • Recognized in 2017 by American Law Media (ALM) as an “ADR Champion.”
  • Recognized every year since 2014, including in 2018, in "International Who's Who In Insurance and Reinsurance" and recognized every year since 2013, including in 2018, as one of the best mediators from around the world in the "International Who's Who in Commercial Mediation," including the following references:” … is recognized for his conciliatory and diplomatic approach to disputes” and "... viewed as 'the king of financial services mediation' according to admiring peers."
  • Recognized since 2006 by various law-related periodicals as one of the "Best Lawyers in America," as a "Super Lawyer," and, by Lawdragon as "One of the Top Neutrals/Private Judges in the U.S."
Memberships
  • Member of College of Commercial Arbitrators and College of Labor & Employment Lawyers (“neutral member”), as well as various U.S. bar associations
  • Lecturer about dispute resolution topics at programs conducted by the American Bar Association, College of Commercial Arbitrators, American Corporate Counsel Association, CPR Institute for Dispute Resolution, and American Law Institute
Author of numerous articles including the following publications:
  • New York Law Journal, National Law Journal, Mealey’s Emerging Securities Litigation, Cardozo Law School Dispute Resolution Journal and Metropolitan Corporate Counsel regarding dispute resolution topics
  • June 2018 - Article on “Binding Alternative Dispute Resolution and Insurance Claims,” with Cliff Bloomfield, Esq., in Resolving Insurance Claim Disputes before Trial, edited by Timothy Penn and Judith Goodman, for ABA Section on Tort Trial & Insurance Practice 
  • Between 1978 and 1989, practiced as a litigator in both public and private sectors
  • J.D., cum laude, Harvard Law School, 1978
  • A.B., with honors, Brown University, 1975

Counsel Comments

    • In confirming an award issued by Mr. Young in a complex “finder’s fee” dispute arising from a cross-border commercial real estate investment, Justice Alice Schlesinger (N.Y.S. Supreme Court, N.Y. County) stated the following on the record:  “... Because in what I would characterize as Mr. Young’s thoughtful and well-reasoned award... Also because of the way in which Mr. Young handled this whole process in a truly conscientious way ... So, I find that this was a really serious attempt to do the legal thing as well as the right thing...”
    • "Indeed, throughout the (very) long day, [he] remained a constant beacon of coolness. [His] thoughtful, kind demeanor was key in developing a rapport with my client, who was sensitive to the issues she was discussing. [He] gently prodded her, challenged her, and at times honestly agreed with her, all the while building up a level of trust.  At the end of the day, she had immense trust in [him] and [his] judgment. Most of all, [he was] well prepared in respect of the facts and legal issues, and challenged all sides to see things in a clearer, objective light. This helped bridge differences. Ultimately, and on several occasions, [he was] able to pull us all back from the abyss."
    • "Michael Young was knowledgeable, prepared, assiduous, and persistent ... He didn't introduce his personality into the mediation, but separate and apart from that he was a friendly and engaging person. Besides that, he is ... always prepared to help outside the time that is allotted for the case."
    • "First of all, he's very smart, very fair, really a straight shooter. Understands the tougher issues and can give an experienced evaluative opinion -- only after he's listened for at least half the session or at least he's absorbed the key issues. His persistence is amazing."
    • "He's engaging, yet calm and professional. He is confident in his ability to solve cases and interacts well with different personalities."
    • "His settlements are the result of his (a) hard work in preparing for the mediation; (b) intelligence and ability to grasp quickly not just the core issues in dispute, but also the nuances of complex matters that must be addressed to achieve a workable solution; and (c) his enormous patience in dealing non-stop and effectively with the attorneys and parties involved."
    • "Michael is not afraid to tell the parties what he thinks about any given position or claim they are making, yet will follow the party's lead as to what information is to be communicated to the adversary."
    • "He never knocks heads together, but he will present an evaluative position. He knows when the parties need to call it a day, and will follow-up to resolve final points after a few days to think things through."
    • "Michael has a way of keeping the door open. ... Michael will make sure the lines of communication are still open and the parties are trying."
    • "Michael is a genuinely nice guy. People like to be around other people whom they like -- especially someone you have to spend hours with and in a high stakes situation."

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