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2016 ANNUAL REVIEW

INTERNATIONAL INSTITUTE FOR


CONFLICT PREVENTION & RESOLUTION

Rising to the Challenge:


The Journey Continues
Contents A Letter from
CPR’s President
01

02
President’s Letter

CPR Board Letter


and Chief
03 Membership
Executive Officer
04 Driving a Global Dispute Prevention & Resolution Culture

09 Dispute Resolution Services

12 Committees and Task Forces

17 A Message Gains Momentum

20 Meetings and Events

28 Alternatives

30 Financial Report

31 Thank You Donors

33 Heroes

34 Leadership
I
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n CPR’s 2014/2015 annual review, I • We will continue to provide opportunities to


described how CPR was calling on the enhance the effectiveness of in-house and out-
business community to look at com- side counsel collaboration to drive effective
mercial disputes differently, to “redefine dispute resolution.
winning.” Implicit in that call to action was an
understanding that this collective effort – on • We will talk more about ourselves, something
the part of CPR and its members and neutrals – we haven’t historically done. It’s great to have
would be a sustained one. It would require the best rules, services and resources, but We will continue
kind of helpful if people know about it. I no
discipline and tenacity, not unlike like those
of Olympic athletes seeking gold, increasingly longer want CPR to be the world’s best kept to build on our
building muscle and momentum. I explained secret.
reputation for thought
CPR’s vision for winning as something more than
being simply the “less bloodied survivor,” and I
But Part II of the story, and in CPR’s view the more
important part, is the work of our members and leadership, for example
said I looked forward to working alongside our
constituency as CPR continued that journey.
other stakeholders. How did they fare in their
efforts to rise to the challenges discussed in last
by elevating the debate
Last year, I pledged to develop processes and year’s review, for example: about arbitration by
resources to improve the management of the full
range of disputes; provide forums for innovation;
• Initiating more thoughtful dispute manage- ensuring a focus on
ment and resolution processes and programs
and reshape CPR’s committee structure to better its benefits while
facilitate dialogue. In these pages, I will provide a • Expanding awareness of the plethora of ben-
progress report, measuring our accomplishments efits that dispute resolution can bring both to condemning its misuse.”
against these goals of growing and supporting their business and industry
dispute resolution.
• And expanding the “classic” definitions of
So what can you expect from CPR going forward? ADR to encompass a wider range of dispute NOAH HANFT
prevention and resolution options
• We will continue to build on our reputation
for thought leadership across the globe; This is the story I am excited to share with you
for example, by elevating the debate about this year, as we continue to change the dispute
arbitration by ensuring a focus on its benefits resolution landscape – together.
while condemning its misuse.

• We will provide increasing value to the growing


list of CPR members, through tools, training
Noah Hanft
and other benefits, including those achieved
President & CEO
from utilizing our distinguished mediators and
arbitrators.
1
A
CPR | RISING TO THE CHALLENGE

A Letter from
s CPR’s Board Chair and Vice-Chair, CPR has been committed since its inception to pub-
we have witnessed first-hand CPR’s lic policy initiatives, as well as to educating people
ability to take new and exciting about, and advocating for, ADR. This year CPR stepped

The CPR Board shape, while honoring its heritage and maintaining
its essential character. Driving this ability is CPR’s
up its efforts in these areas as well, particularly with
its measured response (reproduced on page 15 of
unique focus on improving the processes for reso- this document) to the New York Times’ 2015 series
lution of disputes, and the sophisticated interaction on arbitration. CPR has not only an opportunity, but
between in-house and outside counsel that informs a responsibility, to be a strong voice for dispute res-
and enhances its efforts. olution, including arbitration, given the strength and
integrity of our panels, our processes and our rules.
2015 was a strong year, surpassing membership We expect CPR’s public policy focus to increase in
growth targets. In the 18 months since President 2016, beginning with the creation of a new CPR Policy
& CEO Noah Hanft took the helm in May 2014, CPR Committee.
has achieved a remarkable 51% rise in corporate
membership. Law firm membership has also grown, We are delighted to announce that six new members
with an increase during the same period of 15%. This joined our Board this year, to participate in guiding
impressive momentum is a direct result of CPR’s con- CPR’s important mission and work: John Blood, Vice
tinuously expanding value proposition and profile. President and General Counsel, North America Zone,
Anheuser-Busch InBev; Gilberto Giusti, Partner,
CPR has continued this year to enhance and pro- Pinheiro Neto – Avogados, Brazil; Prof. Eric D. Green,
John Kiernan mote its Dispute Resolution Services programs and
Chair, CPR Board of Directors Founder, Resolutions, LLC; Jean-Claude Najar, Curtis,
resources, including both longstanding and newly Mallet-Prevost, Colt & Mosle LLP; Scott Partridge,
promulgated Rules, to drive greater usage of panels Vice-President, Global Strategy, Monsanto Com-
and services. CPR has also continued to strengthen pany; and Kenneth S. Siegel, Chief Administrative
its focus on international initiatives, which remains Officer and General Counsel, Starwood Hotels &
an important component of CPR’s future growth. Resorts Worldwide, Inc. We also have continued to
Barbara Daniele
CPR’s work in Brazil is a wonderful example, enhanc- benefit from contributions of time and wisdom by the
Vice-Chair, CPR Board of Directors
ing CPR’s profile in the global ADR community as a members of our Advisory Council and the members
thought leader and bringing us new and engaged and chairs of our Committees.
members. CPR’s European Advisory Board, mean-
while, has continued to expand its reach, and this We are honored to lead the CPR Board as this orga-
year created and released a new European Mediation nization continues – thoughtfully, strategically and
& ADR Guide for in-house counsel and the business collaboratively – to pursue improvements in the ways
community, which has met with enthusiastic reviews. the world resolves conflict.

2 CPR BOARD
MEMBERSHIP
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The International Institute for Conflict Prevention & Resolution (CPR) is an independent nonprofit organization
that, for more than 35 years, has helped global businesses prevent and resolve commercial disputes effectively
and efficiently. Our membership consists of top corporations and law firms, academic and government institu-
tions, and leading mediators and arbitrators around the world. CPR is unique as: (1) a thought leader, driving a
global dispute resolution culture; (2) a developer of cutting-edge tools and resources, powered by the collective
innovation of its membership; and (3) an ADR provider offering innovative, practical arbitration rules, mediation
and other dispute resolution procedures, and neutrals worldwide.

CPR’s all-in-one approach provides a cost-effective method by which companies of all sizes and outside counsel
can obtain up-to-date resources and tools necessary to excel in dispute prevention, mitigation and resolution. Last
but certainly not least, CPR offers its members access to a vibrant and collaborative community that is constantly
driving new materials, programs, best practices and other innovations that ensure our members are premier
dispute resolvers.

51%
Access (with Corporate or Firm Membership) to CPR’s
full panel of distinguished neutrals
In the past year alone, CPR has been
pleased to add a number of new and M
 embers-only CPR Advisory Council and committees to
exciting member benefits, including: drive and formulate best practices

F ree workshops in negotiating skills and dispute preven-


Discounts for CPR dispute resolution services
(for both member and counterparty):
tion management and resolution strategies led by noted
mediators INCREASE
CPR’s Flat Fee Mediation Program (Member
rate: $2,500, Non-member rate: $3,500)
CPR Training on Tailoring Early Dispute Resolution to
Your Company
IN CORPORATE
15% membership discount on fees for arbi-
trations and mediations conducted by select
Evaluation of member companies’ existing dispute pre-
vention and resolution programs
MEMBERS
SINCE
CPR distinguished neutrals
C
 ustomized arbitration training by CPR and the College
CPR Regional Meetings focused on enhancing of Commercial Arbitrators
the inside-counsel/outside-counsel collabora-
tive relationship C
 PR’s award-winning newsletter Alternatives, via unlim-
ited electronic access, new web app and print
MAY 2014
Research and drafting assistance by CPR staff
Additional CPR Member Benefits:
Opportunities for speaking engagements, and to write
The latest in dispute resolution techniques, best articles in Alternatives and on CPR’s blog, CPR Speaks For more information or to join
practices, tools and resources CPR, contact Terri Bartlett at
D
 iscounts for CPR meetings; conferences and publi-
cations; select CLE training courses; and hearing and
tbartlett@cpradr.org or 646-753-8225
Access to CPR’s innovative model clauses, rules,
protocols and guidelines conference space at CPR partners’ locations

3
CPR | RISING TO THE CHALLENGE

1 2 3 4 5

Driving a Global Dispute Prevention


& Resolution Culture
In 2015, CPR continued its advocacy and educational initiatives designed
to increase understanding and implementation of thoughtful dispute resolution
processes and programs.

4 GLOBAL DISPUTE PREVENTION


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EUROPE In addition to rules launch events


[T]
With mediation on the rise internationally, CPR’s
European Advisory Board has produced the defin-
in Paris, Geneva, London and Madrid, CPR’s European itive guide to mediation and other forms of ADR.
Advisory Board (EAB) made significant inroads with the he dispute was resolved in
Extremely practical, with access to numerous on-line materials, it
legal and business communities, organizing seminars one day and the business relationship
is the result of an intense collaborative effort between prominent
with several European organizations and producing between the parties was restored. Lastly,
in-house counsel and law firm
a practical European Mediation & ADR Guide for mediating the dispute allowed for privacy
practitioners. This is an invaluable,
corporates. and essential confidentiality because one
user-friendly toolkit for every
of the companies involved was publicly
corporate counsel and practitioner
Available on CPR’s website, the traded....
wanting to use mediation and other
Guide offers all of the resources
ANONYMOUS CASE STUDY forms of ADR.”
needed by in-house counsel to
(involving a pharmaceutical
organize a successful mediation dispute) from the EAB Jean-Claude Najar
and features a collection of case Mediation & ADR Guide Curtis, Mallet-Prevost
studies from corporations that have (2015) Colt & Mosle LLP
effectively utilized mediation to
resolve their disputes.

BRAZIL At our 2015 Third Business Medi- Congratulations to CPR for the execution of the
Pledge Mutual Recognition Agreement with the
ation Congress in São Paulo (in association with
Federation of Industries of the State of São Paulo
CAMARB and hosted by AMCHAM) CPR renewed
(FIESP/CIESP). This is another extraordinary achievement
a commitment made several years ago in Brazil, of CPR this year. …[I]t is critically important that companies
perhaps the most litigious country in the world. We adhere to alternative dispute resolution mechanisms (ADR),
welcomed more than 150 attendees, with significant notably arbitration and mediation, as the Brazilian Judiciary is
participation from the in-house counsel commu- laden with a heavy caseload that affects its ability to ensure an
nity representing global companies including HP, expeditious administration of justice. While the use of mediation
and arbitration are on the rise as an effective alternative to
Danaher, GE Aviation, Unilever, Pfizer, Google and
the drawn-out and excessively burdensome court litigation,
large Brazilian firms including Cosan, Braskem and these opportunities are undoubtedly followed by significant
Usiminas. Throughout the day, CPR was recognized challenges, all the more so in Brazil, such as preparing the
and credited for leading efforts to bring a mediation professionals and building a robust ADR culture among legal
culture and capacity to Brazil. practitioners. This is where an
organization like CPR can have, and
The Congress was followed by a successful three-day is in fact having, a particular impact.
International Business Mediation Workshop that CPR is to be commended for taking
the lead on this extremely relevant
attracted practitioners from as far away as Mexico, and
discussion in our Country.”
enhanced the pool of mediators who can be relied on
by companies in Brazil to resolve commercial disputes. Shirley Meschke
We are happy to report that CPR gained four Brazilian Legal Director
Pfizer
members last year.
5
CPR | RISING TO THE CHALLENGE Click on red type to read more

The Power of The Pledge


CPR’s Pledge agreements boost our signatories’ global competitive edge by significantly reducing the time and
costs associated with litigation. In 2015, CPR expanded its global reach even further with the signing of two
additional Pledge Mutual Recognition Agreements:
This year we had a brewing multi-
million dollar commercial dispute with
Brazilian Center for Mediation and Arbitration (CBMA) – In April 2015, CPR signed a mutual an important business partner. The
pledge recognition agreement with CBMA. Based in Rio de Janeiro, CBMA is a consolidated cham- matter was headed to litigation, until we realized
ber, founded in 2002 by Commercial Association of Rio de Janeiro (ACRJ), National Federation of that the counterparty had signed the CPR Pledge
Private Insurance and Capitalization Companies (FENASEG) and Federation of Industries of the and was a member of CPR. We had the “ice-breaker”
we needed. We were able to reach an agreement to
State of Rio de Janeiro (FIRJAN).
mediate the dispute, and quickly selected a neutral
Chamber of Conciliation, Mediation and Arbitration of the Center of Industries of the from the CPR list. Our mediation occurred just six
weeks later, and enabled the parties to reach a
State of São Paulo/Federation of Industries of the State of São Paulo (CIESP/FIESP) –
settlement. The dispute was resolved efficiently,
In October 2015, CPR signed a pledge mutual recognition agreement with CIESP/FIESP. FIESP without having to engage outside counsel, and the
launched its Mediation Pledge (Pacto de Mediação) – which was inspired by the CPR Pledges – in constructive tone and non-adversarial proceeding
November 2014; the Pacto de Mediação already has more than 100 signatories. also saved the commercial relationship. Without the
parties’ separate, pre-
At an event to celebrate the signing, speakers included Professor Kazuo Watanabe, former Chief existing connections to
Judge of the Superior Court of Appeals of the State of São Paulo; Minister Sydney Sanches, former CPR, I don’t think we
Chief Justice of the Supreme Court of Brazil; and Letícia Barbosa e Silva Abdalla, the Secretary would have resolved
the case without
General of the Chamber of Mediation, Conciliation and Arbitration of CIESP/FIESP (pictured).
litigation.”
These agreements join other international pacts CPR has reached with the Centre de Médiation
et d’Arbitrage de Paris (CMAP) (2013), the Irish Commercial Mediation Association (ICMA) (2013), Steven Greenspan
the Milan Chamber of Arbitration (CAM) (2013) and the Centre for Effective Dispute Resolution United Technologies
(CEDR) (2013).

6 GLOBAL DISPUTE PREVENTION


2015 Brazil Congress
1 Noah Hanft (CPR) making introductory
remarks at the 2015 CPR Brazil Business 1 2 3
Mediation Congress in São Paulo

2 Crina Baltag (Secretary General of


the AMCHAM Brazil Arbitration and
Mediation Center) making the Welcoming
Remarks

3 Celso Cintra Mori (Pinheiro Neto),


keynote speaker

4 Corporate Conflict Management: Olivier


André (CPR), moderator and Shirley
Meschke (Pfizer) 4 5 6

5 Corporate Conflict Management: Carlos


Eduardo Palinkas Neves (Hewlett-
Packard); Rodrigo Exman (Johnson &
Johnson), speaking; and Joaquim Muniz
(Trench, Rossi and Watanabe/Baker &
McKenzie)

6 ADR in the 21st Century: Flavia Foz


Mange (Jabardo, Mange & Gabbay) 7
moderator and Daniel Arbix (Google),
speaking

7 ADR in the 21st Century: Daniel Arbix


(Google); and André Gomma (Judge,
Member of the Steering Committee of
CNJ), speaking

8 Developing Mediation in Specific


Sectors – Part I: Robert C. Randolph
(Carr, Swanson and Randolph); Patricia
8 9 10
Freitas Fuoco (Pacheco Neto; Sanden e
Teisseire); Vivien Lys (Porto Ferreira &
Fuso); and Gabriela Gabbay (Jabardo,
Mange & Gabbay)

9 Dispute Innovation in Brazil – Part


II: Jack Levin (Arbitrator/Mediator),
Fernanda Levy (Bayer, Grosman &
Levy) and Frank Carr (Carr, Swanson &
Randolph)

10 Dispute Innovation in Brazil: Mariangela


Sampaio (Unilever)
7
CPR | RISING TO THE CHALLENGE

2015 Brazil Congress


1 Cristiane Ordonez (CMSO Advocacia
Colaborativa), Angelica Walker (CPR) 1 2 3
and Helena Tavares Erickson (CPR)

2 Fernanda Levy (Bayer, Grosman &


Levy) and Alexandre Palermo Simões
(Ragazzo, Simões, Spinelli, Lazzareschi e
Montoro)

3 Dispute Innovation in Brazil – Part II:


Monica Mendonça Costa (Tozzini Freire),
moderator

4 Henrique Gomm (Gomm Advogados);


Sandra Bayer (Bayer, Grosman & Levy);
and Andrea Maia (FindResolution) 4 5

5 Maurico Gomm (Gomm & Smith);


Nathalia Mazzonetto (Muller &
Mazzonetto); and Patricia Fuoco
(Pacheco Neto, Sanden & Teisseire)

6 Gisely Radael (former Campos Fialho);


Helena Tavares Erickson (CPR); Felipe
Moraes (CAMARB); Felipe S. Caldas Veras
(CAMARB); Raquel Marangon (former
CAMARB); Juliana Rodrigues (Caminas);
and Eduardo Vieira (CACB/CBMAE) 6 7

7 Cristiane Ordonez (CMSO Advocacia


Colaborativa), Ana Beatriz Kopacek
(Itkos) and Sandra Assali (Itkos)

8 Nathalia Mazzonetto (Muller &


Mazzonetto); Renato Grion (Pinheiro
Neto); Fernando Bocchio (Danaher); and
Caio Campello (Manassero, Campello &
Cervone) 8 9 10

9 Rodrigo Exman (Johnson & Johnson),


Erika Oliveira (Cargill Agricola) and
Juliana Ugarelli (Danaher)

10 Leticia Abdalla (FIESP/CIESP); Vivien Lys


(Porto Ferreira & Fuso); Angelica Walker
(CPR); Ana Paula Santos (Assurant); and
Prof. Carlos Alberto Carmona (University
of São Paulo)

8 GLOBAL DISPUTE PREVENTION


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3
For both members and non-members,
2 4 5
CPR’s Dispute Resolution Services
(DRS) improve parties’ ability to
6
resolve disputes more effectively
and economically, with:

Access to CPR’s innovative model


clauses, rules, protocols and

Dispute Resolution
guidelines

Administered or non-administered
arbitration

Services Assisted arbitration services

Mediation for cases both large


and small
In 2015, DRS focused intently on driving greater
usage of our panels and services. A growing New Flat Fee Mediation Program

number of corporations around the world


are using CPR’s new administered arbitration For more information about
rules, and our international cases and venues Rules or CPR’s Dispute Resolution
Services, call 212-949-6490 or
increased. And CPR is now not only assisting in email CPRNeutrals@cpradr.org
arbitrations under its non-administered rules,
but administering cases as well. This year, we
also saw our first class action arbitration filing.

9
CPR | RISING TO THE CHALLENGE Click on red type to read more

2015: The Rules Hit The Road With its new Rules for Administered
International Arbitration, CPR
responded to the needs of its global
In 2014, following the 2013 release of new domestic rules for administered arbitration, CPR released the membership, bolstering its role in pioneering
Rules for Administered Arbitration of International Disputes for use in cross-border business transactions. alternatives to handling commercial disputes far
beyond the US. The rules’ ‘screened’ selection
These rules incorporate CPR innovators’ best practices, including the arbitration work of UNCITRAL, and perhaps
process, whereby the parties may agree that the
most importantly provide solutions to critical issues – such as arbitrator impartiality, lengthy time frames to party-designated arbitrators be appointed without
reach resolution, and burdensome and unpredictable administrative costs and requirements. knowing which party selected them, effectively
tackles the issue of arbitrator impartiality that is
uniquely controversial internationally. There is a lot
the new rules have to offer, which is why I believe
it is important for all of us, especially CPR’s global
members, collectively to spread the word about the
new rules.”
LONDON Felix Weinacht
PARIS
CHICAGO Member
NEW YORK
CPR European Advisory
GENEVA
HOUSTON Board
WASHINGTON DC
Head of Industry
MADRID
Litigation
Siemens
MIAMI
Vice Chair, CPR
Arbitration Committee

SÃO PAULO

To celebrate the Rules’ release, and introduce their key


features, in 2015 CPR organized 10 programs around the
world – in New York, Miami, Washington DC, Chicago,
Houston, Paris, Geneva, Madrid, London and São Paulo.
All were well-attended and well-received.

10 DISPUTE RESOLUTION SERVICES


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Growing and Promoting Our Neutrals I created the dispute resolution


function for Eversource Energy over 15
years ago and serve as our company’s
CPR’s global Panel of Distinguished Neutrals gets broader and better every year, with users representative on the CPR Advisory Council. Over
the years, CPR helped shape how I and, in turn,
now able to rely on 600 panelists from 21 countries. As of the date of publication, CPR had the legal department and company, approached
added 31 new panelists, including seven women and four global neutrals (three from Brazil commercial disputes. We were very early adopters
and one from France). of the stepped dispute resolution process in our
commercial agreements and based much of our ADR
tools on CPR’s resources. We became signatories
CPR also drove increases in both panel usage and To further promote our panels and their usage, CPR to the Corporate Pledge and were happy to be
Dispute Resolution Services by promoting our panels launched two new DRS programs in 2015: among the inaugural group of companies to sign
the 21st Century Pledge. Each CPR Annual Meeting
more prominently and providing incentives to our
• CPR’s new Flat Fee Mediation Program – An or substantive program in which I participate
membership to utilize them and our services. For
opportunity for early resolution of cases through reinforces my belief that there are usually better
example, in our newly created blog, CPR Speaks, we ways to manage and even avoid disputes in the B2B
mediation by mediators from CPR’s panel of
launched a feature called “The Neutral’s Notepad,” context than traditional litigation. More important to
distinguished neutrals for a predetermined flat fee
providing members of our esteemed panel a platform me, though, was the quality and creativity of CPR’s
($3,500 non-member /$2,500 member) for cases ideas, discourse and membership, providing me
to demonstrate their thought leadership on develop-
below $250,000. The Flat Fee Mediation Program, with renewed energy and inspiration, prompting our
ments and best practices in dispute resolution. With
effective July 1, did not replace any of CPR’s tra- incorporation of the CPR Corporate Policy Statement
its posts that CPR then promoted broadly, “The Neu-
ditional mediation program offerings, but rather on Alternatives to Litigation© and the CPR Law Firm
tral’s Notepad” proved to be the blog’s most popular Policy Statement on Alternatives to Litigation© into
offered an additional option that may be particu-
feature in 2015. our outside counsel guidelines, our adoption of a
larly appealing for those seeking highly qualified “mediation presumption” in our case management
CPR’s Global Panel of Distinguished Neutrals: mediators willing to commit to a maximum daily plans for new litigation matters, and our exploration

600
fee. To date, approximately 200 mediators from of the standing neutral concept in commercial and
CPR’s carefully vetted panel are available under project agreements. CPR has been an invaluable
this program. business partner providing us with creative,
practical and actionable measures to transform

panelists • 15% Member Discount from Participating how we approach and

31
manage disputes.”
Neutrals – Effective October 1, 2015, CPR offered
a new benefit in the form of a 15% rate reduction Duncan Ross MacKay,
by select distinguished neutrals who had agreed Esq.
new panelists Deputy General

21
to reduce their fees for CPR members filing cases
Counsel & Chief
with CPR. Neutrals who are part of the program
Compliance Officer
are indicated on the candidate slates sent to the
Eversource Energy
parties.
countries

11
CPR | RISING TO THE CHALLENGE

While transactional lawyers


hold the pen that generally
determines the ADR

3
provision utilized in contracts, they
2 4 5 6
may mistakenly see CPR and the ADR
space as belonging to the litigation
departments of their corporations or
firms because arbitration is a corollary
of litigation and mediation is often

Committees and Task Forces: viewed as a litigation-related exercise.


That’s why we created the ‘Transactional
Dispute Prevention & Solutions’

Spearheading Innovation committee, a new and vibrant committee


of transactional lawyers including
both in-house commercial lawyers and
outside transactional attorneys to help
One of CPR’s greatest strengths is the work produced by its address the oft-heard complaint that
industry committees, councils and task forces that are organized dispute resolution clauses tend to be
thrown in late during negotiation with
around practice areas. insufficient forethought and limited
collaboration between litigators and
transactional lawyers. Equally important,
and we think a compelling way to
engage the transactional lawyers within
companies, is to focus efforts on how
dispute resolution can be utilized as part
of ‘preventative lawyering.’”

Noah Hanft
CPR President & CEO

12 COMMITTEES AND TASK FORCES


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CPR’S Advisory Council IN-HOUSE COUNSEL

For decades, CPR has been the only organization where in-house counsel, law firms,
academics and neutrals come together to drive cutting-edge innovation in commercial conflict
management. With the 2015 formation of its new CPR Advisory Council, CPR kicked this up a
notch further.
The CPR Advisory Council includes representatives companies to think about implementing EDR, its key LAW FIRMS ACADEMICS
from virtually every CPR member-company, as well drivers and challenges, as well as practical advice on
as leading law firms, academic institutions, and implementing this effective approach within different
arbitrators and mediators. Its mission is to serve as corporate cultures.
an incubator for the identification and initial devel-
As an integral part of its work, CPR’s Advisory Coun-
opment of work tailored to addressing issues faced
cil will intersect with the CPR standing committees
by companies seeking to enhance their ability to NEUTRALS
that engage all business sectors – most notably,
implement a more thoughtful approach to all forms
the Arbitration Committee, Mediation Committee,
of dispute resolution. Potential work spans all levels,
Employment Disputes Committee, Intellectual Prop-
from general support for first-time implementation of
erty Disputes Committee, Y-ADR and the National Task
dispute resolution solutions, to targeted subject mat-
Force on Diversity in ADR – and will work with those
ter and industry-specific projects designed to address
committees to enhance CPR’s ability to develop valu-
more advanced and/or specialized needs.
able new programs and tools. The current Co-Chairs CPR’S ADVISORY COUNCIL
The Advisory Council began its first year of work of the CPR Advisory Council are Debra Clements, Vice
with a focus on identifying issues and regions of President, Senior General Counsel and Corporate REPRESENTATIVE COMPANIES INCLUDE:
the world that are at the top of in-house counsel’s Secretary, Milliken & Company, and David McLean,
list for developing better understanding of and sup- Partner, Latham & Watkins. Akzo Nobel Inc. • Amgen Inc.
port for thoughtful dispute resolution. Building on DuPont • GlaxoSmithKline
this understanding, at its November 2015 meeting, Hewlett-Packard Company
the Advisory Council took up a topic that recent A complete list of CPR Advisory Council Liberty Mutual Group
survey results revealed to be extremely important members appears on page 36. MasterCard Worldwide
to CPR members – Early Dispute Resolution (EDR). Microsoft Corporation
Debra Clements of Milliken & Company, Brennan Milliken & Company
Terregrossa of GlaxoSmithKline, David McClean from Monsanto Company • Pfizer Inc.
Latham & Watkins, Kurt Hanson from Paul Hastings Raytheon Company • Siemens AG
and CPR’s Beth Trent presented – and Council mem- United Technologies Corporation
bers discussed – what led GE, GSK and other leading Visa Inc. • Walgreen Company

13
CPR | RISING TO THE CHALLENGE Click on red type to read more

CPR’s Committees Following are just two examples of CPR’s exciting and CPR attracts the best and the brightest

1
interactive Committee 2015 programming: in the ADR world – so my membership
in CPR’s Advisory Council and CPR’s
CPR’s subject matter and industry-specific com- The CPR Banking & Financial Services Com- Arbitration Committee has exposed me to cutting-
mittee presented “Municipal Bankruptcies: edge thinking about ADR-related issues that I would
mittees analyze dispute resolution challenges,
not otherwise have learned about.”
recommend global best practices and publish materi- Lessons Learned,” featuring Chief Judge
als on issues at the forefront of legal debate. These Gerald Rosen, United States District Court for the Richard F. Ziegler
committees’ balanced interests provide a unique Eastern District of Michigan; Judge Victoria Roberts, Partner,
United States District Court for the Eastern District Jenner & Block
platform for analyzing the latest developments, both
& Former General
legal and practical, in all manner of dispute resolu- of Michigan; and Eugene Driker, Baris, Scott, Denn,
Counsel,
tion. Committees meet regularly to draft rules and Driker PLLC. Judge Rosen was the chief mediator in 3M Company
propose industry protocols used around the world. the Detroit Bankruptcy aided by, among others, Judge

2
Most recently, CPR announced the formation of a Roberts and Mr. Driker.
new committee, the “Transactional Dispute Preven-
While CPR has organized many webinars in
tion and Solutions” Committee, created with a view
the past, co-hosted by generous law firm
toward expanding effective utilization of dispute
sponsors, this year CPR produced its first
resolution amongst organizations.
successful in-house webinar, from CPR’s offices in
New York, the CPR Construction Committee’s “How to
Deal with the Insurer in the Arbitration and Mediation
Process.”

Committees and Task Forces

Advisory Construction Environmental Mediation


Council Advisory Committee Committee
Committee

Healthcare and National Task


Arbitration European Life Sciences Force on Diversity
Committee Advisory Board Committee in ADR

Banking and Employment Intellectual NEW Transactional


Financial Disputes Property Dispute Prevention
Services Committee Disputes and Solutions Joseph Fields, Sarah Biser and Robert Rubin of McCarter &
Committee Committee Committee
English, hosts of the CPR’s 2015 Construction Committee’s
Liability 2015 Webinar, “How to Deal with the Insurer in the
Brazil Advisory Energy, Oil & Y-ADR Steering Arbitration and Mediation Process.”
Gas Committee Insurance Committee
Board Committee

14 COMMITTEES AND TASK FORCES


A NEW SCARLET “A”
FOR ARBITRATION? T here is no doubt that mandatory arbi-
tration procedures are sometimes used
to stack the deck in favor of companies
over individuals. But some recent news coverage has
gone one step further, raising the question of whether
issue with their credit card or cell or cable provider,
many consumers call customer service and have their
problem resolved.

Many companies also have Ombuds, hotlines or other


internal dispute resolution mechanisms that resolve
Not so Fast! there is something inherently wrong with arbitration
that gives rise to an unfair result. their disputes pre-arbitration. As a result, standalone
mandatory pre-dispute arbitration programs are
By Noah Hanft, CPR Extreme positions create the risk that very real ben- not at all common in the workplace environment.
efits can be lost through overreactions to anecdotes. Employee dispute resolution programs generally have
Who could fail to see the benefit, at least in certain a stepped process where an employee goes to medi-
matters, for an expert in a given field to evaluate cases ation before arbitration. Often claims are resolved in
quickly and efficiently in contrast to a judge swamped these processes before an arbitration is even filed. So
with a crowded and congested court calendar? where a comprehensive dispute resolution process is
in place, it is not surprising that cases that are adjudi-
Arbitration is inherently no less fair or less favorable
cated are often those that have the least merit.
to individuals than trial. Let’s not forget that arbi-
tration has a deep and respected heritage that is Since its inception more than 35 years ago, my
embedded in the fabric of American jurisprudence. organization, the International Institute for Conflict
DEFENDING DISPUTE RESOLUTION FROM ATTACK George Washington included an arbitration provision Prevention & Resolution (CPR), has been about
in his will and Abraham Lincoln himself acted as an providing alternatives to traditional litigation and
Defending mediation and arbitration – both so often arbitrator. Those who denigrate arbitration outright choice to parties. CPR operates primarily in the
misunderstood – from attack was one of the objectives and in all forms are missing both the boat and the business-to-business context; however, under CPR’s
we set forth in last year’s annual report. We believe opportunity to help the very people and issues they employment arbitration procedures CPR insists
CPR has a responsibility to be a strong advocate for purport to care most about. upon certain due process protections for employees,
thoughtful dispute resolution approaches. We also related to costs, fairness in the selection process
sit in the right position to do so, as our arbitration “Arbitration is inherently no less fair and access to relevant information. We encourage all
rules are designed to avoid many of the concerns
or less favorable to individuals than companies to adopt these procedures in their own
and potential abuses that are frequently raised about employment ADR programs.
arbitration. trial.”
More broadly, our rules in all contexts address the
When the New York Times ran a series of articles on Often lost, in examples of bad conduct and statis-
possibility of conflict of interest, “repeat player” and
arbitration in October 2015 that we felt failed to tell tics that claim that consumers get the short end
other fairness issues described in the recent NYT
the whole story, we responded immediately, penning of the deal in arbitration, is the fact that many dis-
series. CPR has always required under its rules that
the following response, which was published in putes that make it to arbitration have a long history
all arbitrators be independent and impartial, and that
Law360 (circ. 500,000). behind them. As part of effective customer services
awards issued by them include a reasoned explana-
approaches, many companies have incorporated
tion. I mention CPR’s procedures not only to highlight
alternative dispute resolution. So when faced with an

15
CPR | RISING TO THE CHALLENGE
“CPR’s rules address the possibility of “We call upon other ADR providers, the
conflict of interest, ‘repeat player’ and business community and consumer
Despite the sometimes negative publicity other fairness issues described in the groups to join us in implementing
that certain forms of dispute resolution
have gotten lately, the promise of ADR
recent New York Times series of articles the procedures and safeguards CPR
remains – a faster, less expensive and less arbitrary on arbitration.” has long advocated – and to be very
way to settle disputes. And in my experience this has clear in setting out best, and calling
served all sides well. We need to continue to break if rigorously applied, would ensure due process and
through the noise and anecdotal nature of reporting out unacceptable, practices – in order
justice in the spirit of the FAA and the nation’s recog-
to tell the story of ADR. Through its academic rigor
nition of the value and benefits of alternative dispute to allow arbitration to realize its full
and real world experience, CPR has always been able
to demonstrate ways in which ADR can work, and resolution. potential as a fair and thoughtful
as importantly when it won’t. As one of the oldest
CPR maintained its focus on both encouraging arbi-
alternative to litigation.”
scholarly organizations
solely dedicated to tration availability but also fairness. In 2009, we
We also call upon other ADR providers, the business
finding and advocating for submitted comments to proposed amendments to
community and consumer groups to join us in imple-
alternatives to the court the Federal Arbitration Act (FAA) under the Arbitra-
system, CPR needs to be
menting the procedures and safeguards CPR has long
tion Fairness Act stressing that both individuals and
that voice.” advocated – and to be very clear in setting out best,
businesses disfavor resolving disputes in heavily
and calling out unacceptable, practices – in order to
Tom Sabatino congested courts; that procedural due process proto-
allow arbitration to realize its full potential as a fair
Hertz cols would fully address the concerns underlying the
and thoughtful alternative to litigation.
amendments; and that the proposed amendments
would unreasonably interfere with court safeguards The unfortunate reality is that any system can be
of the individuals’ rights to arbitrate. We concluded adversely impacted by the wrong motivation. Arbi-
by saying that “If Congress is to play a constructive tration is susceptible to misuse and abuse and some
that fair arbitration programs are available but to role in the protection of individual rights and society’s of the examples are troubling and inexcusable. But
make it clear that arbitration itself can be a process goal of a just, efficient and less expensive dispute when it comes to being prone to abuse, litigation (and
that is fair to all sides and, if properly administered, resolution, it could focus on encompassing in a new certainly class action litigation) takes no back seat to
can produce speedy and evenhanded results at far Chapter 4 of the FAA provisions embodying a national arbitration. And those that condemn arbitration often
less expense to both sides. procedural due process protocol which require fair- are driven by incentives that are adverse to the indi-
ness through procedural safeguards for individuals in vidual consumer. Anyone who has received pennies
In 2002, the CPR-Georgetown Commission on Ethics arbitration, including adequate notice, an equal voice from a class action settlement where legal fee awards
and Standards of Practice in ADR developed both in the selection of neutral and impartial arbitrators, are in the many millions of dollars can attest to these
“Principles for ADR Provider Organizations” and the responsibility for limited and reasonable costs of the examples.
“Model Rule for the Lawyer as Third Party Neutral,” arbitration, an arbitral forum near the individual’s
which, taken together, serve as a powerful statement home town and reasonable pre-hearing disclosure of Arbitration was conceived to create a level playing
of both the obligations of provider organizations and information supporting a claim or defense.” field, and nothing about it precludes that from being
a guide to ethical business conduct in arbitration. the case so long as it is utilized properly. We can not
They remain as relevant today as they were then and, We stand by these statements with regard to the cur- only save the baby here, but cleanse the bath water
rent reintroductions of the Arbitration Fairness Act. as well.

16 DEFENDING DISPUTE RESOLUTION FROM ATTACK


One thing that we at General Dynamics
have done that has improved our
internal approach significantly is to
take a critical look at all of our ADR clauses and
develop a system of customizing them for the

2 3 4 5 6
specific issue at hand. Taking a purely default, ‘form’
approach, and pulling in any old ADR clause from
some other contract at the last minute, can have
the unintended consequences of making people
wonder if ADR is such a great idea when the clause

The Message Gains


doesn’t really fit. We believe in taking a more careful
and analytical approach to drafting, and are not
only doing so internally, but are also working with
outside and deal counsel to make sure they follow

Momentum
suit. We’ve already
seen this approach
paying off, and have
been quite pleased
with the results.”
Last year, we spoke of our collective challenge
Greg Gallopoulos
to spread the message and educate about the General Counsel
plethora of benefits dispute prevention and General Dynamics

resolution can bring, as well as to promote CPR’s


neutrals, unique resources and other offerings.
In this document, we will briefly recap some
of CPR’s 2015 efforts and successes in this
regard, before turning to what we view as most
important: the shared successes of some of our
members.
17
CPR | RISING TO THE CHALLENGE Click on blue type to read more

Successful New CPR “CPR Presents”


In 2015, President & CEO Noah Hanft spoke at a num-
Communications Strategies ber of high-level conferences, and at other events,
around the world, including:

News & Events Blog • 2015 Association of Corporate Counsel Europe


Annual Conference, Munich
In 2015, CPR launched a new weekly newsletter, CPR’s new blog, CPR SPEAKS, presents updates on
THE CPR DATEBOOK, with the aim of sending fewer ADR trends and developments, and also offers such • Fourteenth International Online Dispute Resolu-
emails that were simultaneously more targeted and features as “The Neutral’s Notepad” and “ADR Around tion Forum at PACE Law School, White Plains, NY
had greater impact, keeping members up to date on the World,” which this year gave readers an overview (Keynote opening address)
not only all upcoming events, but also new CPR news of ADR issues in developing locales such as Colom-
and initiatives to help them. If you are not currently bia, Mexico and Turkey. If you have not already done • “To Litigate or Not to Litigate” (Thomson Reuters
on CPR’s mailing list, but would like to get a sense so, we invite you to explore this new CPR resource at West LegalEdcenter webinar)
of what the DateBook is all about, please contact http://blog.cpradr.org.
• 19th Annual Anderson Kill Policyholder Advisory
marketing@cpradr.org.
Conference, NY
Public & Media Relations Efforts
Social Media • Managing Conflict 4.0: A New Wave of Opportuni-
In 2015, CPR made significant inroads with a number ties for Businesses Around the Globe, Pepperdine
We embarked upon a SOCIAL MEDIA initiative to of new audiences and outlets, such as Covington’s University, Malibu, CA
promote our new CPR (DRS) products, classic CPR new ADR app, and Thomson Reuters Practical Law
resources, our panel of neutrals, our pledges and (which published CPR-authored guides to the Rules).
Alternatives. If you are not already doing so, please We also launched a formal CPR Webinar Series, kick-
follow us on Facebook, Twitter (@CPR_Institute) ing things off with a talk, co-hosted by Jenner & Block,
and LinkedIn. on Business Mediation Challenges and Multiparty “CPR in the News”
Techniques, part of ABA Mediation Week 2015.
This year, CPR significantly expanded its presence
in the media – an important part of highlighting
our thought leadership. Several new international
media outlets, such as Iberian Lawyer, covered
our rules and pledge-signing events. CPR also
published a six-article series on dispute resolu-
tion topics in InsideCounsel. A sampling of some
of our 2015 coverage is below (and is linked/
accessible online, if you access this annual review
on CPR’s website, www.cpradr.org).

18 SECTION TEXT
Click on post it notes to read more

Noah Hanft publishes Noah Hanft published Helena Tavares Erickson


“Ten Arbitration Myths & “A Winning Strategy, publishes “Cutting Edge

quotes Noah Hanft, Ank Realities” in Redefine the Term” in Companies: Using Dispute
publishes “New Rules ‘Help
Santens and Charles Beach Resolution Techniques to
Parties Choose Best Dispute
in “Next-Generation Rules Address Workplace Conflict”
Resolution Method”
for International Arbitration”

Noah Hanft & Beth Trent


quoted in “Have a
reports on our EAB mini publishes “Important Trends publishes “Incentives for publishes “Administered
Dispute to Resolve?
conference and quotes Noah in Int’l Dispute Resolution” Outside Counsel to Embrace International Arbitration
We’ll See You Online” in
Hanft in “In-house Lawyers by CPR’s Beth Trent Dispute Resolution Options” with the CPR Institute: A
‘Must Educate CEOs’ About by White & Case’s Jennifer Step-by-Step Guide” by
Importance of ADR” (subscription) Olivier André
Glasser

publishes “Administered US publishes “Selecting Party-


Domestic Arbitration with Appointed Arbitrators Through publishes “Steering from
Your Chair: Why In-House covers CPR’s new flat fee covers the launch of CPR’s
the CPR Institute: A Step- a Screened Selection Process:
The Best of Both Worlds” by Counsel are Uniquely mediation program in “AFA new Flat Fee Mediation
by-Step Guide” by Mara
CPR’s Olivier André and White Positioned to Drive ADR for ADR” Program in “Mediation” No
Weinstein
& Case’s Charles B. Rosenberg Solutions” by CPR’s Hidden Cost” (subscription)
David Burt

Noah Hanft Discusses


publishes “Online Dispute “Planning Your [GC]
Legacy” with publishes Noah Hanft’s op-
Resolution and the Future mentions CPR’s new Flat publishes an extensive
ed, “A New Scarlet ‘A?’ Not
of the Law” by Beth Trent Fee Mediation Program in interview with Noah in
so Fast!”
and Colin Rule “Immediate Action” “Redefining Winning” Magazine

19
CPR | RISING TO THE CHALLENGE

3 4 5 6

Meetings and Events – Dispute


Resolution’s Most Engaged
and Collaborative Community
Nothing better demonstrates the power of the CPR approach to
dispute resolution than the extraordinary in-person exchanges
that take place at CPR’s events. At its annual meetings,
specialized trainings with leading neutrals and Y-ADR events,
CPR convenes skilled and experienced counsel from leading
companies and law firms, neutrals, academics and judges to
address changes and challenges in dispute resolution, and
exchange perspectives and best practices. Presentations and
discussions are always interesting, often challenging and highly
interactive.
20 MEETINGS AND EVENTS
CPR’s Annual Meeting This is just a quick “thank you” note
for the terrific work you did to make
the 2015 CPR Annual Meeting in San
Diego a tremendous success. From my perspective
as an attendee, the programs were terrific (as
usual), and all of the logistics (meetings, meals,
Senator George Mitchell (pictured below). The accommodations, etc.) functioned very smoothly
recipient of such honors as the Presidential Medal of indeed. Every detail was anticipated and addressed,
Freedom & Liberty Medal, the Truman Institute Peace and the entire conference was thoroughly enjoyable.
Thanks to each of you
Prize and the UN (UNESCO) Peace Prize for his work,
for all the effort you
Senator Mitchell addressed the state of current con- made to make this
CPR’s 2015 Annual Meeting, “Forging the Future: flicts around the world, underlying issues that drive another memorable
Redefining Winning and Adapting to Change,” which global conflict and potential pathways to resolution. CPR event.”
took place Feb. 19-21 at The Lodge at Torrey Pines,
Day 2 began with a keynote address by Lord Peter Raymond G. Bender
La Jolla, California, was a rousing success. The event
Goldsmith, former UK Attorney General and London Arbitrator and Mediator
was attended by 200 practitioners and thought lead-
ers, including an elite group of corporate executives, co-managing Partner, and Chair of European and
top law firm counsel, leading neutrals, and esteemed Asian Litigation at Debevoise & Plimpton LLP, who
judges and academics. discussed the importance of the rule of law in gov-
ernment and society, as well as challenges that arise Panels at the annual meeting
We kicked off the proceedings with a moving (and when dealing with global conflict. included:
simultaneously entertaining) keynote address by A panel highlighting the shift towards Stage III
Mediation
“Leveraging Diversity to Enhance Dispute
Resolution”
CPR’s Business Roundtable
CPR’s Ethics Panel
Everything You Wanted to Know from
Corporate Counsel but were Afraid to Ask”
“News from the Front” – Two panels
discussing dispute resolution issues in the
context of recent survey results from the 2013
College of Commercial Arbitrators – Strauss
Institute Survey on Arbitration Practice
“ODR – The Reality”
“Fundamentals of Arbitration for
In-house Counsel”

21
CPR | RISING TO THE CHALLENGE

Annual Meeting
1 John Armijo, University of California, San
Diego; Johnston Barkat, United Nations; 1 2 3
and Tom Kosakowski, UCLA Office of
Ombuds Service, Los Angeles

2 Vanessa Alarcon Duvanel, White & Case


LLP; Dana C. MacGrath, Sidley Austin
LLP; and David H. Burt, CPR

3 John Kiernan, Debevoise & Plimpton LLP;


Hon. Charles Renfrew; and Hon. William
Webster

4 Kathryn Richter, Schnader Harrison Segal


& Lewis LLP, and William McFarlene 4 5 6

5 Kristofor Henning, Hewlett-Packard


Company; Cynthia Bright, Hewlett-
Packard Co.; and Robert Particelli,
Hewlett Packard Co.

6 Barbara E. Daniele, CPR Board; and Prof.


Thomas J. Stipanowich, Straus Institute 7
for Dispute Resolution, Pepperdine
University School of Law

7 Zela “Zee” G. Claiborne, JAMS; Natalie


Reid, Debevoise & Plimpton LLP; Lord
Peter Goldsmith, Debevoise & Plimpton
LLP (keynote); and Lady Goldsmith

8 Jayne Risk, DLA Piper; Todd C. Toral, DLA


Piper; and David Bernstein, Debevoise &
8 9 10
Plimpton

9 José I. Astigarraga, Astigarraga Davis


Mullins & Grossman, P.A.

10 Noah Hanft, CPR

22 MEETINGS AND EVENTS


Annual Meeting
1 Eugene Farber, Farber, Pappalardo &
Carbonari 1 2 3

2 Mary Beth Cantrell, Amgen Inc.; and


José A. Lau, Sempra Energy

3 John Pinney, Graydon, Head & Ritchey;


Lyn Marsteller; and Peter Strotz, King &
Spalding

4 Noah Hanft, CPR; Scott Partridge,


Monsanto Co.; Peter J. Rees QC, Thirty
Nine Essex Street Chambers

5 Carmen Reiss, Resolutions LLC;


Steve Comen, Goodwin Procter LLP; 4 5
Prof. Eric Green, Resolutions, LLC;
Hon. Charles Renfrew; Barbara Renfrew;
and E. Norman Veasey, Gordon, Fournaris
& Mammarella, P.A.

6 Donald Philbin, Donald R. Philbin, Jr. P.C.;


Erin Gleason Alvarez, AIG; and Andrew J.
Olejnik, Jenner & Block LLP

7 Conna A. Weiner, Independent Mediator


and Arbitrator; unknown; Harrie
Samaras, Law Office of Harrie Samaras; 6 7
Susan Nycum, Technology Disputes
Resolution Services; and Kirke Hasson,
Pillsbury Winthrop Shaw Pittman LLP

8 Prof. Thomas J. Stipanowich, Straus


Institute for Dispute Resolution,
Pepperdine University School of Law;
and Noah Hanft, CPR

9 8 9 10
Evans Garage, San Diego

10 Lillian Stenfeldt, Sedgwick LLP; and


Steven J. Antunes, AEGIS Insurance
Services, Inc.

23
CPR | RISING TO THE CHALLENGE Click on red type to read more

AWARDS FOR OUTSTANDING Outstanding Professional Articles REGIONAL MEETINGS


SCHOLARSHIP IN ADR The Award for Outstanding Professional Article rec- CPR launched a program of regional events designed
At the 2015 Annual Meeting, CPR presented its 32nd ognizes articles published by academics and other to enlarge opportunities to experience first-hand the
Annual Awards for Outstanding Scholarship in ADR, professionals that advance understanding in the field exceptional nature of CPR meetings, which combine
recognizing stellar scholarship in this field. Award of ADR. This year, the award was granted to: dynamic and engaging panels with an unmatched
criteria focuses on processes, techniques, systems, opportunity for exchanging knowledge and expe-
• S.I. Strong, Contractual Waivers of Investment
commitment and scholarship, which address the res- riences with counsel, neutrals and others at the
Arbitration: Wa(i)ve of the Future?, 29 ICSID
olution, prevention or creative management of major forefront of advancing dispute resolution issues.
Review-Foreign Investment Law Journal 690 (2014)
disputes. This year, four individuals were awarded The inaugural CPR Regional Meeting was hosted
CPR Academic Awards for their outstanding work. • Michael Polkinghorne and Charles B. Rosenberg, by Anheuser-Busch InBev in St. Louis. Attendees
The Role of the Tribunal Secretary in International included virtually all CPR member companies and law
Arbitration: A Call for a Uniform Standard, 8 Dis- firms in the city.
pute Resolution International 2 (2014)
TRAININGS
Joseph T. McLaughlin Original Student Throughout the year, CPR offers a number of trainings
Article Award at the CPR Institute or in conjunction with other events
or organizations. They are led by acknowledged sub-
The Joseph T. McLaughlin Student Article Award,
ject-matter experts, employ an interactive format,
endowed through the year 2021 in honor of Joseph T.
and provide practical understanding and application
McLaughlin – a former CPR Board member, long-time
of ADR tactics.
CPR supporter, and prolific advocate for effective con-
flict resolution practices as a practitioner, academic, 2015 was a particularly strong training year for CPR,
writer and speaker – recognizes an article or paper beginning with a three-day mediation in São Paulo,
S.I. Strong, right, along with White & Case’s Ank Stevens written by a student that was focused on events or Brazil in April, through which we trained 21 mediators,
issues in the field of ADR. This including two from Mexico.
year’s award was presented to:
In May, CPR held trainings on master negotiation and
• C
 aley Turner, “Old White mediation with Layn Phillips in Los Angeles and Prof.
Male”: Increasing Gender Eric Green in Boston.
Diversity in Arbitration
Panels, Student paper from Finally, CPR developed and presented custom training
Pepperdine Law School designed to address specific business needs to multi-
(2014) ple corporate members.

Caley Turner, Pepperdine


Law School
24 MEETINGS AND EVENTS
Click on blue type to read more

Y-ADR 2015 CORPORATE LEADERSHIP AWARD DINNER


Through Y-ADR (for young attorneys in international Each year, CPR honors a corporation that has demonstrated leadership in the field of conflict manage-
dispute resolution), CPR is committed to the devel- ment and has institutionalized ADR, embedding it into their corporate culture. The Award is presented at
opment of younger or less experienced ADR lawyers, a black tie event that draws approximately 500 attendees representing the general counsel from Fortune
in order to help grow the ranks of dispute resolution 200 corporations, partners from leading law firms, and industry experts and scholars who come together
practitioners. to demonstrate the importance of ADR. Since inception, the event has raised more than $8 million for
CPR’s public policy research and programs as well as our initiatives internationally. Past honorees have
In 2015 the Y-ADR Steering Committee, the leadership included United Technologies, Johnson & Johnson, General Electric, Ernst & Young, ConocoPhillips, Micro-
group of Y-ADR, worked on a number of projects and soft, DuPont, Pfizer Inc., Amgen Inc., FMC Technologies, Inc., GlaxoSmithKline, Royal Dutch Shell plc and
organized seminars in Washington, DC, New York, Hewlett-Packard Company.
London and Chicago.
At the 2015 Corporate Leadership Award Dinner in New York, CPR and distinguished guests comprising gen-
eral counsel from Fortune 200 corporations, partners from leading law firms, industry experts and scholars
honored 3M and Ivan K. Fong, the company’s SVP, Legal Affairs & General Counsel.

2015 CORPORATE LEADERSHIP AWARD DINNER COMMITTEE


Chair: Charles R. Morgan Ronn B. Kreps John F. Savarese
The Morgan Group Partner, Norton Rose Fulbright US Partner, Wachtell, Lipton, Rosen &
LLP Katz
Oliver J. Armas
Partner, Hogan Lovells US LLP Lewis J. Liman Cliff Sloan
Partner, Cleary Gottlieb Steen & Partner, Skadden, Arps, Slate,
Ian C. Ballon
Hamilton LLP Meagher & Flom LLP & Affiliates
Shareholder, Greenberg Traurig, LLP
James R. Murray Jeffrey E. Stone
William A. Brewer III
Partner, Dickstein Shapiro Partner, McDermott Will & Emery LLP
Partner,
LLP
Brewer, Attorneys & Counselors Robert N. Weiner
Joseph H. Otterstetter Partner, Arnold & Porter LLP
Mary Beth Cantrell
Managing Counsel and Associate
Senior Associate General Counsel, Bruce E. Yannett
General Counsel, 3M Company
Amgen Inc. Partner, Debevoise & Plimpton LLP
Alan Charles Raul
Cedric C. Chao Richard F. Ziegler
Partner, Sidley Austin LLP
Partner, Co-Head, International New York Managing Partner, Jenner
Olivier André, CPR; Hannah Ruehlman Blase, Zurich North Arbitration Practice, DLA Piper LLP Steven A. Rosenblum & Block
America; Michael Freeman, Walgreen Company; Douglas R. Partner, Wachtell, Lipton, Rosen &
Senator Norm Coleman
Stevens, Aon; Chris Stathopoulos, Grant Thornton LLP; Winston Katz
Of Counsel, Washington, D.C.,
Collier, AIG; Brett Stacey, Walgreen Company; and Dana MacGrath, Minneapolis, Hogan Lovells US LLP Eric Rucker
Sidley Austin LLP, Chair of Y-ADR at an event on choosing Senior Counsel, 3M Company
arbitration versus litigation, hosted at Sidley Austin in Chicago Julia A. Hatcher
Partner, Latham & Watkins LLP

25
1

2015 Corporate Leadership Award Dinner

1 The Milstein Hall of Ocean Life. 5 David McClean. Latham & Watkins LLP; 9 Pamela Corrie, Epiq Systems; Ivan Fong, 12 Christopher Healy, Reed Smith, LLP;
Beth Corman, CPR; and Hon. William H. 3M Company; Barbara Daniele, GE John Martini, Reed Smith, LLP; Thomas J.
2 Charles R. Morgan, The Morgan Group; Webster Capital, Americas; and Olivier André, CPR Sabatino, Jr, Hertz Corporation; and Mark
Ivan Fong, 3M Company; John Kiernan, Melodia, Reed Smith, LLP.
Debevoise & Plimpton LLP; and Noah 6 Kevin Rhodes, 3M Company; Ivan Fong, 10 Lewis J. Liman, Cleary Gottlieb Steen &
Hanft, CPR 3M Company; Arlene Chow, Hogan Lovells Hamilton LLP; Ivan Fong, 3M Company; 13 Ivan Fong, 3M Company.
LLP; and Seth Waxman, WilmerHale LLP Christopher Austin, Cleary Gottlieb Steen
3 Erik Drange, 3M Company; Isabel Gomes, & Hamilton LLP; and Arminda B. Bepko, 14 Bernadette W. Catalana, Lavin, O’Neil,
3M Company; Joseph H. Otterstetter, 7 Gilberto Giusti, Pinheiro Neto - Cleary Gottlieb Steen & Hamilton LLP Cedrone & DiSipio; Jennifer Ziegenhorn,
3M Company; Ivan Fong, 3M Company; Advogados, BRAZIL; Elenice Giusti, Ivan Husch Blackwell LLP; and Pamela Corrie,
Anne Marie Hanrahan, 3M Company; John Fong, 3M Company; and Isabel Gomes, 11 Wendy Wildung, Fagre Baker Daniels LLP; Epiq Systems, Inc.
Kiernan, Debevoise & Plimpton LLP; Kevin 3M Company Andrew Humphrey, Fagre Baker Daniels
Rhodes, 3M Company; Dawn Hiniker, 3M LLP; and Dara Mann, Dentons 15 The Theodore Roosevelt Memorial
Company; and Eric Rucker, 3M Company 8 Cedric Chao, DLA Piper LLP; Andrew G. Hall Rotunda
Humphrey, Fagre Baker Daniels LLP;
4 James R. Murray, Dickstein Shapiro Henry Walker, Kilpatrick Townsend &
LLP; Ivan Fong, 3M Company; and Hon. Stockton LLP; and Charles Morgan, The
William H. Webster Morgan Group

26 MEETINGS AND EVENTS


2 3 4 5

15
6 7 8

9 10 11

12 13 14

27
CPR | RISING TO THE CHALLENGE

3 4 5 6 6

Alternatives
Alternatives to the High Cost of Litigation, co-published by
the CPR Institute with John Wiley & Sons, kept its 2015 focus
on the most important issues in commercial mediation and
arbitration throughout the year, analyzing the top news stories
and providing Alternatives’ traditional cutting-edge view of how
practice needs to adjust.

28 ALTERNATIVES
A
Click on red type to read more

lternatives’ new takes on mediation on arbitration by the U.S. Supreme Court, as well Alternatives’ excellence has not gone unnoticed, as
basics like assessing cases for ADR, as other significant arbitration judicial opinions, the newsletter was recognized with two first-place
mediation productivity techniques, including preemption and ADR under Dodd-Frank. awards during the 38th Annual Specialized Informa-
and changes in requirements for producing lasting tion Publishers Association Annual Conference in
settlement agreements were driven by analysis of, Washington, D.C. on June 4. The “SIPAwards” com-
among other things, the first mediation case consid- This news analysis complemented a petition honors excellence in business editorial and
ered by the U.S. Supreme Court. Each issue, Robert wealth of arbitration practice infor- marketing.
A. Creo, our Master Mediator columnist, provided mation, all focused on addressing
mediation room practice essentials that are easily Alternatives won Best Legal/Regulatory/Energy/
arbitration efficiency. Our articles
integrated into case management plans to help both Environment Newsletter or Ezine (non-daily). In addi-
included ensuring finality in arbitra- tion, M. Scott Donahey, a Palo Alto, Calif., arbitrator
neutrals and advocates reach settlement faster.
tion and appellate processes, limits and mediator who has been a regular contributor to
On arbitration, Alternatives devoted substantial cov- on discovery, and do’s and don’ts for Alternatives, won first prize for the category of Best
erage to the Consumer Financial Protection Bureau’s international arbitration practice. Interpretative or Analytical Reporting in the same
moves to regulate the practice. Our in-house analysis newsletter category for his article, “Get Back – Return
of the CFPB proposals included point/counterpoints Alternatives continued to look abroad, with heavy Arbitration to Its ADR Roots.” It is the third time the
by leading national figures representing management coverage of ADR trends overseas. Included were SIPAwards has recognized Alternatives for excellence
and consumer arbitration advocates. Alternatives comprehensive analysis pieces on the latest in ADR in writing and reporting.
also dissected the latest decisions and cert grants practices in Brazil, Germany and Russia, among
others.

This past year, and inspired by CPR’s newly provisions dealing with jurisdiction, choice of law and My message seems to be getting through and we are
formed Transactional Dispute Prevention ADR in our contracts. We always seek to include an ADR finding that many of our potential business partners are
and Solutions Committee, I have been provision designating “CPR.” Whether for an acquisition also members of CPR which is extremely helpful as they
re-enforcing with my business colleagues the importance agreement, licensing arrangement or other business also know the benefits that can be gained from utilizing
of appropriate dispute resolution approaches in our partnership, I convey to my transactional colleagues the CPR. These efforts may not add value tomorrow but, in
contracts. We, as knowledgeable in-house counsel, have benefits of CPR, including having a choice of administered the long term, will make our
an obligation to educate our colleagues on the benefit or non-administered rules, control over discovery which dispute resolution efforts
of being thoughtful about dispute resolution provisions can greatly reduce costs and generally having more control more efficient, cost effective
instead of defaulting to the routine clauses they have and involvement in the alternative dispute resolution and productive in the future.”
been utilizing for years out of habit. As a result, we can process. Additionally, access to the CPR panels is worth
gain more control over the alternative dispute resolution the cost of membership as CPR has some of the highest
process. quality neutrals who are vetted through a very thoughtful Mary Beth Cantrell
process analyzing the panelist’s background, experience Senior Associate
My colleagues routinely seek input from me, and my and knowledge depending on the specialization of the
litigation colleagues, with regard to our preference on General Counsel
panel. Amgen

29
I
CPR | RISING TO THE CHALLENGE

A Letter from the ’m pleased to report that fiscal year 2015 (7/1/14-
6/30/15) was an extraordinary year for CPR, culminating
Publications
1%
Other Income
2%
Training
Chairman of CPR’s in with strong financial results with an increase in CPR’s Panel Fees
1% Contributions and Grants
4%
net assets of over 19% from the same period last year. These 7%
Finance Budget & financial results have allowed CPR to have an even greater
Dispute Resolution
Services
Audit Committee impact in the legal community. International activities have 4%

surpassed any prior time in its history, and dispute resolu- Meeting
tion services have been expanded to include administered Fees and
Sponsorships Corporate
arbitration. With efforts focused on the value proposition for 9% Leadership
Award Dinner
members, development of products and services and building 36%
brand recognition, CPR realized a 6% growth in membership
revenues and welcomed 43 new members. The Committee is
gratified that that grants and contributions beyond member- Membership
36%
ship or special events increased 63% this year.

At the mid-point of the current fiscal year, CPR is on track CPR will be investing in capital improvements in 2016 as
to continue the momentum in membership as we welcome it moves to new offices in New York City and improves its
even more corporations and law firms to our community. The systems and website. These investments will enable the
Corporate Leadership Award Dinner honoring 3M Company organization to continue to provide cutting-edge tools and
and its General Counsel, Ivan Fong raised significant funds relevant and meaningful resources to its members and to
to support CPR’s programs and attracted nearly 400 people the ever-evolving and always interesting legal and business
to the American Museum of Natural History in New York. The community.
Annual Meeting in New Orleans promises to be one of the best
The Committee greatly appreciates the financial contri-
yet financially and will include the inaugural presentation of
butions, leadership and service of CPR’s donors. With the
the Inspiring Innovation Award to Monsanto Corporation and
donors continued support, the Committee looks forward to
Vice President, Global Strategy, Scott Partridge. The Brazil
sustained growth and even greater impact in the future.
Initiative continues in its fourth year and almost doubled
its program budget with a new grant from Assurant, Inc. to Sincerely,
complement the work being supported by GlaxoSmithKline
and the Sondheimer Family Charitable Foundation. Other
international efforts in Europe are also realizing great results
with an active European Advisory Board and many new Euro- Dale L. Matschullat
pean members. Chair
CPR Finance Budget & Audit Committee

30 FINANCIALS
Thank You VISIONARIES Fluor
IBM Corporation
Huron Consulting Group
Innisfree M & A Incorporated
($30,000 & ABOVE)
Donors Irell & Manella LLP John F. Schultz
Akin, Gump, Strauss, Hauer & Feld Johnson & Johnson John S. Kiernan
LLP Kilpatrick Townsend & Stockton LLP Keker & Van Nest LLP
Bartlit Beck Herman Palenchar & KPMG LLP King & Spalding LLP
We are extremely grateful Scott LLP Norton Rose Fulbright LLP Marsh & McLennan Companies, Inc.
to our generous donors Cleary Gottlieb Steen & Hamilton LLP Pillsbury Winthrop Shaw Pittman LLP McDermott Will & Emery LLP
and supporters who Covington & Burling LLP Schiff Hardin LLP Microsoft Corporation
Sheppard, Mullin, Richter & Hampton Morgan, Lewis & Bockius LLP
enable CPR to continue to Cravath, Swaine & Moore LLP
Crowell & Moring LLP LLP Morrison & Foerster LLP
take the lead in exploring Sullivan & Cromwell LLP Nixon Peabody LLP
Danaher Corporation
innovative ways to resolve Debevoise & Plimpton LLP O’Melveny & Myers LLP
commercial disputes GE Capital, Americas Patterson Belknap Webb & Tyler LLP
for businesses globally. GlaxoSmithKline SUPPORTERS Paul Hastings LLP
Hewlett-Packard Company Paul, Weiss, Rifkind, Wharton &
Here is a partial list of ($10,000 - $19,999)
Jenner & Block LLP Garrison LLP
supporters from our last American International Group, Inc. Peabody Energy, Inc.
Kirkland & Ellis LLP
fiscal year. Latham & Watkins LLP Analysis Group PricewaterhouseCoopers LLP
MasterCard Worldwide Baker & McKenzie Reed Smith LLP
From 7/1/14 - 6/30/15 United Technologies Corporation Baker Botts, L.L.P. Ropes & Gray LLP
Wachtell, Lipton, Rosen & Katz Barbara E. Daniele Schnader Harrison Segal & Lewis LLP
Walgreen Company Becton Dickinson and Company Seyfarth Shaw LLP
Williams & Connolly LLP BP Sidley Austin LLP
Willkie Farr & Gallagher LLP Bracewell & Giuliani LLP Sikorsky Aircraft Corporation
Chevron Corporation Skadden, Arps, Slate, Meagher &
Dickstein Shapiro LLP Flom LLP

CHAMPIONS Discover Ready


Ernst & Young LLP
Squire Patton Boggs
State Farm Insurance Companies
($20,000 - $29,999)
Fitzpatrick & Hunt, Tucker, Collier, Vinson & Elkins LLP
AstraZeneca LP Pagano, Aubert, LLP Visa Inc.
Beveridge & Diamond Fitzpatrick, Cella, Harper & Scinto Weil, Gotshal & Manges LLP
ConocoPhillips General Electric Company White & Case LLP
Deloitte LLP Hess Corporation Wiggin & Dana LLP
Dentons US LLP Hogan Lovells LLP Winston & Strawn LLP
DLA Piper Holwell Shuster & Goldberg LLP

31
CPR | RISING TO THE CHALLENGE

CONTRIBUTORS Gide Loyrette Nouel


Goodwin Procter LLP
Stradley Ronon Stevens & Young, LLP
Strategic Legal Solutions
Lewis, Rice & Fingersh
Milliken & Company
($5,000 - $9,999)
Herbert Smith Freehills Sutherland, Asbill & Brennan LLP National Academy of Distinguished
Akerman LLP Holland & Knight LLP The Brattle Group Neutrals
Akzo Nobel N.V. Hughes Hubbard & Reed LLP The Law Offices of Kenneth R. Navigant Consulting, Inc.
Amgen Inc. Ice Miller LLP Feinberg, PC Teradata Corporation
Arnold & Porter LLP Jackson Lewis LLP The Sondheimer Family Charitable Toro Company
Assurant, Inc. Jones Day Foundation TozziniFreire Advogados
Baker & Hostetler LLP Kasowitz, Benson, Torres & Thomas J. Sabatino, Jr. Upchurch Watson White & Max
Barker Gilmore Friedman LLP WilmerHale Xerox Litigation Services
Bechtel Group, Inc. Kelley Drye & Warren LLP Womble Carlyle Sandridge & Rice,
BGC Partners Inc. Kramer Levin Naftalis & Frankel LLP PLLC
Blank Rome LLP Law Offices of Charles B. Renfrew
Bunge Limited Liberty Mutual Group
Chadbourne & Parke LLP Loeb & Loeb LLP DONORS
Charles River Associates Lowenstein Sandler LLP ($3,000 - $4,999)
Cozen O’Connor Loyens & Loeff
Curtis, Mallet-Prevost, McCarter & English, LLP AEGIS Insurance Services, Inc.
Colt & Mosle LLP McElroy, Deutsch, Mulvaney & ALCOA Inc.
Dale L. Matschullat Carpenter, LLP American Express Company
Davis Polk & Wardwell LLP Milbank, Tweed, Hadley Baxter International
Dickinson Wright PLLC & McCloy LLP Cornerstone Research
Dorsey & Whitney LLP Morris, Nichols, Arsht & Tunnell LLP Crowe & Dunlevy
Duke Energy Corporation Munger, Tolles & Olson LLP Cushman & Wakefield
Emerson Electric Co. Noah J. Hanft Dimitrov & Co. Law Firm
Ernst & Young LLP Parker Poe Adams & Bernstein, LLP Dow Chemical Company
Estee Lauder Companies Inc. Pepper Hamilton LLP Fish & Richardson P.C.
Eversource Energy Perkins Coie LLP FTI Consulting
Finnegan, Henderson, Farabow, Pfizer Inc. Graydon, Head & Ritchey LLP
Garrett & Dunner, LLP Pinheiro Neto - Advogados Hernandez, Carlos M.
FMC Technologies, Inc. Sedgwick LLP Hon. William G. Bassler
Foley Hoag LLP Shook, Hardy & Bacon LLP Husch Blackwell LLP
Fried, Frank, Harris, Shriver & Simpson Thacher & Bartlett LLP Jack P. Levin, Arbitrator & Mediator
Jacobson LLP Starwood Hotels & Resorts JPMorgan Chase
Gibson, Dunn & Crutcher LLP Worldwide, Inc. Leader & Berkon LLP

32 THANK YOU DONORS


CPR Heroes Marjorie Corman Aaron, University of
Cincinnati
Renato Stephan Grion, Pinheiro Neto
Advogados
Henry L. Parr – Wyche, P.A
Judge Layn Phillips, Phillips ADR
Leticia Abdalla, Secretary General, Mark E. Haddad, Sidley Austin LLP Will Pryor – Will Pryor Arbitration &
Chamber of Mediation & Arbitration, Kurt W. Hansson, Paul Hastings Mediation
The CPR staff is in a FIESP/CIESP
Benno Kimmelman, Sidley Austin LLP Alberto Ravell, ConocoPhillips
unique position to witness José I. Astigarraga, Astigarraga Davis
Maurice Kuitems, Fluor Corporation Rich Richardson, GlaxoSmithKline
the many acts of support David H. Bernstein, Debevoise &
Plimpton LLP Fernanda Levy, CONIMA: Conselho David W. Rivkin, Debevoise & Plimpton
that our members and Nacional Das Instituições de LLP
Andrea Zoghbi Brick, Trench, Rossi e Mediação e Arbitragem
supporters display on Watanabe Advogados Isabelle Robinet-Muguet, Orange S.A.
David B. Lipsky, Scheinman Institute
a continuing basis. We Paul Bruno, Fluor Corporation on Conflict Resolution – Cornell
Charles B. Rosenberg, White & Case
LLP
wish to thank each and John J. Buckley Jr., Williams & Connolly University
LLP Stephen H. Rovak, Dentons
every one of them for their Vivien Lys, Porto Ferreira e Fuso
Debra Clements, Milliken & Company Advogados/COGEAE SP Colin Rule, Modria
invaluable contribution! Ank Santens, White & Case LLP
Carlos F. Concepción, Jones Day Dana C. MacGrath, Sidley Austin LLP
Pamela Corrie, Epiq Systems C.J. Mahoney, Williams & Connolly LLP Daniel Schimmel, Foley Hoag

Tiago Machado Cortez, Koury Lopes Andrea Maia, CBMA/FindResolution Jeffrey J. Schupack, AEGIS Insurance
Advogados Services, Inc.
Flavia Foz Mange, Jabardo, Mange e
Juliana Loss de Andrade, Fundação Gabbay Advogados Fernando Serec, TozziniFreire
Getulio Vargas Advogados
Nathalia Mazzonetto, Müller e
Mariana Freitas de Souza, CBMA/ Mazzonetto Advogados Robert H. Smit, Simpson Thacher &
Veirano Advogados Bartlett LLP
David McLean, Latham & Watkins LLP
Roger M. Deitz, Mediator Thomas J. Stipanowich, Straus
Rory O. Millson, Cravath, Swaine & Institute for Dispute Resolution –
Eugene I. Farber, Farber, Pappalardo & Moore LLP Pepperdine University School of Law
Carbonari Francisco Müssnich, Barbosa, Brennan Torregrossa, GlaxoSmithKline
Kenneth R. Feinberg, The Law Offices Müssnich & Aragão Advogados
of Kenneth R. Feinberg PC Prof. Kazuo Watanabe, President,
C. Michael Moore, Dentons Chamber of Mediation & Arbitration,
Patricia Freitas Fuoco, Pacheco Neto, John D. Murnane, Fitzpatrick, Cella, CIESP/FIESP
Sanden, Teisseire Advogados Harper & Scinto Mara Weinstein, Financial Industry
Daniela Gabbay, Jabardo, Mange e Giovanni Ettore Nanni, TozziniFreire Regulatory Authority (FINRA)
Gabbay Advogados/Direito FGV SP Advogados
Mauricio Gomm Santos, Gomm & Alexander J. Oddy, Herbert Smith
Smith Freehills LLP
Steven M. Greenspan, United Cristiane Ordonez, CMSO Advocacia
Technologies Corporation Colaborativa

33
CPR | RISING TO THE CHALLENGE

CPR Board of Stephen F. Gates


Mayer Brown LLP
Charles R. Morgan
The Morgan Group
John F. Schultz
Hewlett-Packard Enterprises

Directors
As of November 18, 2015
Eric Green* Jean-Claude Najar* Kenneth Siegel*
Resolutions, LLC Curtis, Mallet-Prevost, Colt & Starwood Hotels & Resorts
Mosle LLP Worldwide, Inc.

Chair Gilberto Guisti* Scott S. Partridge* Kelly M. Tullier


John S. Kiernan Pinheiro Neto Advogados Monsanto Company VISA Inc.
Debevoise & Plimpton LLP

Vice Chair Noah J. Hanft Peter J. Rees QC Jay W. Waks


Barbara E. Daniele International Institute for Thirty Nine Essex Street American Kennel Club
Conflict Prevention & Resolution Chambers

Linda L. Addison John Heaps Robert F. Ruyak Stephen P. Younger


Norton Rose Fulbright Yorkshire Building Society Ruyak Cherian LLP Patterson Belknap Webb & Tyler
LLP

Francis J. Aquila Carlos M. Hernandez Thomas J. Sabatino, Jr.


Sullivan & Cromwell LLP Fluor Corporation Hertz Corporation

*Added in 2015

John Blood* Tara M. Lee


AB InBev DLA Piper LLP
IN MEMORIAM
“CPR mourns the loss of Judge Kaye. Judge Kaye dedicated her
life to improving the administration of justice. An active member
Dale L. Matschullat
of CPR’s Board of Directors, she was an ardent supporter of our
Mary Beth Cantrell Schiff Hardin LLP
mission: to find better ways to resolve disputes. A consummate
Amgen Inc.
problem solver, Judge Kaye thoroughly deserved the national
reputation she earned for both her groundbreaking decisions
Hon. Judith S. Kaye and her innovative reforms of the New York court system. We at
Former Chief Justice of
CPR also knew her to be extremely warm, kind and approachable.
the NY Court of Appeals;
She has left an indelible mark, and will be missed.”
Skadden, Arps, Slate,
Meagher & Flom LLP Noah J. Hanft
34 BOARD OF DIRECTORS
Click on red for email

CPR CONSULTANTS

CPR Staff Olivier P. André


Vice President, International and
Allegra Berndt
Marketing and Communications
Russ Bleemer
Editor, Alternatives
Dispute Resolution Services Coordinator rbleemer@cpradr.org
+1.646.753.8241 +1.646.753.8227
oandre@cpradr.org aberndt@cpradr.org

Theresa R. Bartlett Rimsha Khan David H. Burt


Vice President, Member Membership Coordinator/ Senior Consultant
Services Executive Assistant dburt@cpradr.org
+1.646.753.8225 +1.646.753.8239
tbartlett@cpradr.org rkhan@cpradr.org

Noah J. Hanft Tania Zamorsky Henrik Hector Nabin Chae


President and Chief Executive Vice President, Marketing & Administrative Assistant, Panels Finance Consultant
Officer Communications and Dispute Resolution Services nchae@cpradr.org
+1.646.753.8248 +1.646.753.8223 +1.646.753.8221
nhanft@cpradr.org tzamorsky@cpradr.org hhector@cpradr.org

Elizabeth Corman Erick Growcock Angelica Walker


Chief Financial Officer Director of IT Operations Foreign Legal Consultant (Brazil)
+1.646.753.8240 +1.646.753.8222 +1-646- 842-1835
bcorman@cpradr.org egrowcock@cpradr.org awalker@cpradr.org

Helena Tavares Erickson Vincent Gilbert


Senior Vice President, Program and Events Manager
Dispute Resolution Services +1.646.753.8243
& Corporate Secretary vgilbert@cpradr.org
+1.646.753.8237
herickson@cpradr.org

Beth Trent Charlene Valdez Warner


Senior Vice President, Public Dispute Resolution Services
Policy, Programs and Resources Manager
+1.646.753.8228 +1.646.753.8230
btrent@cpradr.org cwarner@cpradr.org

35
CPR | RISING TO THE CHALLENGE

CPR Nicole Alexander


Senior Counsel - Litigation
Paul A. Bruno
Managing General Counsel,
Richard Davis
Richard J. Davis, Attorney at Law
Advisory Council Peabody Energy, Inc. Law Department
Fluor Jeanine DeFreese
Members Catherine Amirfar
Counselor on International Law David H. Burt
Associate General Counsel
Deloitte LLP
As of January 8, 2016 U.S. Department of State David H. Burt Esq.
Timothy Donovan
Steven J. Antunes Mary Beth Cantrell Vice President & General Counsel
Senior Litigation Counsel Senior Associate, General Counsel Netsmart Technologies
AEGIS Insurance Services, Inc. Amgen Inc.
Charles W. Douglas
Martin Arms Todd Carver Partner
Partner VP, Deputy General Counsel Chief Sidley Austin LLP
Wachtell, Lipton, Rosen & Katz Ethics and Compliance Officer
Teradata Corporation Ethan Evans
C. Mark Baker Associate General Counsel
Co-Head, Arbitration and ADR Practice Zela G. Claiborne State Farm Insurance Companies
Group, Senior Partner JAMS
Norton Rose Fulbright LLP Lauren Farkas
Debra Clements (Co-chair) Associate Counsel, Employment
Ariel E. Belen VP, Senior General Counsel & Estee Lauder Companies Inc.
JAMS Corporate Secretary
Milliken & Company Kenneth Feinberg
George Bermann Feinberg Rozen, LLP
Gellhorn Prof. of Law & Jean Monnet Charles (Chuck) D. Coleman
Prof. of EU Law Senior Counsel Laura Flippin
Columbia University School of Law Raytheon Company Partner
DLA Piper LLP
David Berry Pamela Corrie
Office of David Berry Managing Director, Corporate Carolyn Frantz
Restructuring Associate General Counsel, Litigation
John Bickerman Epiq Systems, Inc. Microsoft Corporation
President
Bickerman Dispute Resolution, PLLC Mark Cymrot Michael Freeman
Partner Director, Tort Litigation
Cynthia Bright Baker & Hostetler LLP Walgreen Company
VP & AGC, US Litigation &
Government Investigations Michael Dashefsky Erin Gleason Alvarez
HP Inc. Vice President, Associate General Asst VP, Global Head of ADR Programs
Counsel Global Litigation and Legal Op. Center | Global Legal,
Competition Compliance, Regulatory & Gov’t
Visa Inc. American International Group, Inc.

36 ADVISORY COUNCIL MEMBERS


Dwight Golann Michael Keating Christopher Mason Lawrence Newman
Professor of Law Partner Partner Of Counsel
Suffolk University Law School Foley Hoag LLP Nixon Peabody LLP Baker & McKenzie

Steven Greenspan Louis Kimmelman David McLean (Co-chair) Michael Nolan


Vice President and Chief Litigation Partner Partner Partner
Counsel Sidley Austin LLP Latham & Watkins LLP Milbank, Tweed, Hadley & McCloy LLP
United Technologies Corporation
Judith Korchin Sean McSweeney Alexander Oddy
Heather Grenier Partner Senior Vice President Deputy General Partner, Litigation & Arbitration
Director, Commercial Litigation Holland & Knight LLP Counsel Division
Apple, Inc. Liberty Mutual Group Herbert Smith Freehills
John Lande
Claire Gutekunst Isidor Loeb Professor Margot Metzger Tracy O’Flaherty
Gutekunst ADR University of Missouri School of Law Vice President and Associate General Associate General Counsel – Litigation
Counsel & Employment Law
Robert Haig Jack Levin Starwood Hotels & Resorts Worldwide, Baxter Healthcare Corporation
Partner Jack P. Levin, Arbitrator & Mediator Inc.
Kelley Drye & Warren LLP William W. Park
Ralf Lindbäck Allan Moore Boston University
Kirke Hasson Vice President, Legal Affairs Services Partner
Partner Wärtsilä Corporation Covington & Burling LLP Charles Patrizia
Pillsbury Winthrop Shaw Pittman LLP Partner, Litigation Dept.
Lela Love C. Michael Moore Paul Hastings LLP
Sondra Hemeryck Director, Kukin Program for Conflict Partner
Partner Resolution Dentons Paul Petta
Schiff Hardin LLP Benjamin N. Cardozo School of Law Executive Vice President
Malini Moorthy Associate General Counsel
Albert Hilber Duncan MacKay Vice President and Assistant General MasterCard Worldwide
Director - Senior Claims Counsel Deputy General Counsel & Chief Counsel
Swiss Reinsurance Compliance Officer Bayer Corporation Bennett G. Picker
Eversoure Energy Senior Counsel
Kenneth L. Jacobs Esq. Isabelle Robinet-Muguet Stradley Ronon Stevens & Young, LLP
Assistant General Counsel Janet Martinez Vice-President General Counsel,
Crane Co. Stanford Center on Conflict and International Legal Affairs Barbara (Bobbi) Pollack
Negotiation Orange S.A. Vice President & General Counsel
David Kabbes Raytheon Company
General Counsel and Managing Stephen Marzen Thomas Nathan
Director, Corporate Affairs Senior Counsel – Litigation and Claims SVP-Deputy GC Law and Regulatory Keith Porapaiboon
Bunge Limited Bechtel Group, Inc. Affairs Senior Counsel
Comcast Akzo Nobel Inc.

37
CPR | RISING TO THE CHALLENGE

Chris Porrino Bart Schwartz Jay W. Waks Teradata is a


Co-Chair, Litigation Department EVP, Chief Legal Officer, and Secretary Senior Executive Vice President signatory to the CPR
Lowenstein Sandler PC Assurant, Inc. & General Counsel 21st Century Pledge
American Kennel Club and Diversity Commitment. We
Pierre Raoul-Duval Jeffrey Senger deem these pledges and public
Partner Partner Felix Weinacht acknowledgements of them in our
Gide Loyrette Nouel Sidley Austin LLP Head of Industry Litigation 2015 Corporate Social Responsibility
Siemens AG Report to reflect innovation and
Alberto Ravell Robert Smit thought-leadership by Teradata
Senior Counsel - Arbitrations Partner Douglas R. Wilner and CPR. Another leading practice
ConocoPhillips Simpson Thacher & Bartlett LLP Assistant General Counsel, Litigation that Noah shared from a fellow CPR
Monsanto Company Advisory Committee member is to
Rick Richardson Lillian Stenfeldt include a similar commitment and
VP & Associate General Counsel Sedgwick LLP Daniel B. Winslow expectation of outside counsel in
GlaxoSmithKline SVP & General Counsel corporate engagement letter terms.
Danielle Gentin Stock Rimini Street, Inc.
Teradata began implementing that
Donald W. Rose Assistant General Counsel
practice in 2015 as well.”
Deputy General Counsel Pfizer Inc. Stephen Young
KPMG LLP Deputy General Counsel, Litigation Todd Carver
S.I. Strong Ernst & Young LLP VP, Deputy General Counsel
Jordan Rosenfeld Associate Professor of Law / Senior & Chief Ethics,
Mercer Senior Litigation Counsel and Fellow Center for the Study of Dispute Howard S. Zelbo Compliance & Privacy Officer,
Oliver Wyman Group Chief Litigation Resolution Partner Teradata Member,
Counsel University of Missouri School of Law Cleary Gottlieb Steen & Hamilton LLP CPR Advisory Council
Marsh & McLennan Companies, Inc.
Michael Timmons Richard Ziegler
Richard Rothman Senior Counsel New York Managing Partner
Partner Johnson & Johnson Jenner & Block LLP
Weil, Gotshal & Manges LLP
Donald S. Trevarthen Edward Yost
Roibin Ryan Director, Division Counsel Assistant General Counsel,
Deputy General Counsel Toro Company Employment & Litigation
Baxalta Wawa, Inc.
Harry Trueheart
Ank Santens Chairman Emeritus
Partner Nixon Peabody LLP
White & Case LLP
Nancy Vanderlip
Robert Scheinfeld Nancy Vanderlip
Partner, Dept. Chair - IP (NY)
Baker Botts, L.L.P. Gregg Vicinanza
Associate General Counsel
Becton Dickinson and Company

38 ADVISORY COUNCIL MEMBERS


CPR ORGANIZATIONAL MEMBERS Borden Ladner Gervais LLP DuPont Canada
(CORPORATE AND LAW FIRMS)* BP E.ON Kernkraft GmbH – Jurgen Klowait
Members (AS OF JANUARY 6, 2016) Bunge Limited Eaton & Van Winkle LLP
39 Essex Chambers Cantor Fitzgerald, LP Ernst & Young LLP
3M Company Capgemini Service Estee Lauder Companies Inc.
AEGIS Insurance Services, Inc. Carr, Swanson & Randolph, LLC Eversheds
Akerman LLP Chadbourne & Parke LLP Eversource Energy
Akzo Nobel Inc. Chevron Corporation Faleck & Associados
Akzo Nobel N.V. Cleary, Gottlieb, Steen & Hamilton LLP Figliulo & Silverman, P.C.
Altenburger Ltd. CMS Cameron McKenna Fitzpatrick, Cella, Harper & Scinto
American International Group, Inc. Comcast Corporation – Thomas R. Fluor Corporation
Nathan FMC Technologies, Inc.
Amgen Inc.
ConocoPhillips Foley Hoag LLP
Anheuser-Busch InBev
Covington & Burling LLP Freeborn & Peters LLP
Apple Inc. – Heather Grenier
Cozen O’Connor Fried, Frank, Harris, Shriver & Jacobson
Araoz & Rueda Abogados, S.L.P.
Cravath, Swaine & Moore LLP LLP
Arnold & Porter LLP
Crowe & Dunlevy Freshfields Bruckhaus Deringer
Assurant, Inc.
Curtis, Mallet-Prevost, Colt & Mosle GE Capital, Americas
AstraZeneca LP LLP GE Energy
Axinn Veltrop & Harkrider LLP Danaher Corporation GE Oil & Gas
B. Cremades y Asociados Davis Polk & Wardwell LLP General Dynamics Corporation
Baker Botts LLP Debevoise & Plimpton LLP General Electric Company
Baker & Hostetler LLP Dechert LLP General Motors LLC
Baker & McKenzie Deloitte LLP GIANNINI Studio Legale
Barbosa, Müssnich & Aragão Dentons
Advogados Gide Loyrette Nouel
Diamond McCarthy LLP GlaxoSmithKline
Baxalta
Dickinson Wright PLLC Golenbock Eiseman Assor Bell &
Baxter International
Dickstein Shapiro LLP Peskoe LLP
Bechtel Group, Inc.
Dimitrov & Co Law Firm Goodwin Procter LLP
Becton Dickinson and Company
DLA Piper LLP Google – Daniel Arbix
Beveridge & Diamond
Dorsey & Whitney LLP Gouvêa Vieira Advogados
Bird & Bird
Duke Energy Corporation Graydon, Head & Ritchey LLP
Blank Rome LLP
DuPont Hanesbrands, Inc.
Bonassa Bucker Advogados 39
CPR | RISING TO THE CHALLENGE

Herbert Smith Freehills Levin ADR Paul Hastings LLP Smith, Currie & Hancock
Hertz Corporation Lewis, Rice & Fingersh Paul, Weiss, Rifkind, Wharton & Sponsel Miller Greenberg PLLC
Hewlett-Packard Enterprises Liberty Mutual Group Garrison LLP Squire Patton Boggs
Hogan Lovells L.O. Baptista-SVMFA Peabody Energy, Inc. Starwood Hotels & Resorts Worldwide,
Holland & Knight LLP Loeb & Loeb LLP Peckar & Abramson Inc.
Hughes Hubbard & Reed LLP Lowenstein Sandler PC Pepper Hamilton LLP State Farm Insurance Companies
Husch Blackwell LLP Manko, Gold, Katcher & Fox, LLP Perkins Coie LLP Stradley Ronon Stevens & Young, LLP
IBM (UK) Ltd. Marsh & McLennan Companies, Inc. Pfizer Inc. Sullivan & Cromwell LLP
IBM Corporation MasterCard Worldwide Pillsbury Winthrop Shaw Pittman LLP Sutherland, Asbill & Brennan LLP
Irell & Manella LLP McAndrews, Held & Malloy, Ltd. Pinheiro Neto Advogados Swiss Reinsurance
Jackson Lewis LLP McCarter & English, LLP Professional Dispute Resolution, LLC Teradata Corporation
Jenner & Block LLP McDermott Will & Emery LLP Quinn Emanuel Urquhart & Sullivan, The Law Office of Stephen P. Gilbert
LLP The Law Offices of Kenneth R.
Johnson & Johnson McElroy, Deutsch, Mulvaney &
Carpenter, LLP Raytheon Company Feinberg, PC
Jones Day
McMillan LLP Reed Smith LLP Toro Company
Kasowitz, Benson, Torres & Friedman
LLP Medtronic plc Rimini Street, Inc. Tozzini Freire Advogados

Kaye Scholer LLP Meister Seelig & Fein LLP Ropes & Gray LLP United Technologies Corporation

Kelley Drye & Warren LLP Microsoft Corporation Schiff Hardin LLP Vinson & Elkins L.L.P.

Kennedy Institute of Rheumatology Milbank, Tweed, Hadley & McCloy LLP Schnader Harrison Segal & Lewis LLP Visa Inc.
Trust Milliken & Company Sedgwick LLP Wachtell, Lipton, Rosen & Katz
Kilpatrick Townsend & Stockton LLP Monsanto Company Sergio Bermudes Advogados Walgreen Company
King & Spalding LLP Morrison & Foerster LLP Seyfarth Shaw LLP Walker Morris
Kirkland & Ellis LLP Munger, Tolles & Olson LLP Shell Group Wärtsilä Corporation
Koncar – Marina Kralj Milisa NautaDutilh Shearman & Sterling LLP Wawa, Inc.
Koury Lopes Advogados Netsmart Technologies, Inc. Sheppard, Mullin, Richter & Hampton Weil, Gotshal & Manges LLP
KPMG LLP LLP White & Case LLP
Nixon Peabody LLP
Kramer Levin Naftalis & Frankel LLP Shipley Snell Montgomery Droog LLP Williams & Connolly LLP
Norton Rose Fulbright LLP
Laeuchli- ADR Shook, Hardy & Bacon LLP Willkie Farr & Gallagher LLP
Offit Kurman Attorneys At Law
Lapointe Rosenstein Marchand Sidley Austin LLP WilmerHale
Orange SA
Melançon LLP Siemens AG Winston & Strawn LLP
Otterbourg P.C.
Latham & Watkins LLP Simpson Thacher & Bartlett LLP Womble Carlyle Sandridge & Rice, PLLC
Parker Poe Adams & Bernstein
Law Office of Irene C. Warshauer Skadden, Arps, Slate, Meagher & Flom
Patterson Belknap Webb & Tyler LLP LLP
Leader & Berkon LLP
*Italics = Pledged to Join
40 CPR MEMBERS
Panelist and Gerald Aksen Gary V. McGowan
David M. Allen Mark McNeill
Individual Law Phillip M. Armstrong Charles J. Moxley, Jr.
Firm Members Hon. William G. Bassler Mark Mutterperl
Raymond G. Bender Susan H. Nycum
Gary L. Benton Amedeo Papa
David Berry Donald R. Philbin, Jr.
John G. Bickerman F. Peter Phillips
David M. Brodsky Dr. Reiner Ponschab
John Allen Chalk, Sr. Will Pryor
Robert F. Copple Charles B. Renfrew
James P. Corcoran Eric M. Runesson
James F. Davis Harrie Samaras
Richard J. Davis James Serritella
John DeGroote Pierre Servan-Schreiber
J. Timothy Eaton Tsisana Shamlikashvili
William B. Fitzgerald Marvin Siegel
William J. Frank III Stanley P. Sklar
Dr. Patricia D. Galloway Mary Jane Stitt
Stephen P. Gilbert Edna Sussman
Brian S. Harvey Nancy Vanderlip
L. Tyrone Holt Alexander Vesselinovitch
William G. Horton John Leo Wagner
Kenneth L. Jacobs Stuart M. Widman
Joan Stearns Johnsen W. Mark Wigmore
William D. Johnston
Walter W. Kocher
Mitchell L. Lathrop
Jonathan B. Marks
Daniel H. Margolis
Deborah Mastin

41
CONFLICT PREVENTION.
We take every opportunity to press
RESOLUTION.
Shifting the Legal Paradigm ahead with the three components
underlying our strategy: the pursuit of
our mission (CPR’s heritage and ongoing
focus on thought leadership), the value
of membership and the excellence of our
Dispute Resolution Services. The impact
is greatest where we link all three.”

NOAH HANFT

THOUGHT LEADERSHIP...
OUR HERITAGE

DRS BEST AND BRIGHTEST...


EXCELLENCE OUR MEMBERS

30 East 33rd Street, 6th Floor


New York, NY 10016
Phone: +1.212.949.6490
Fax: +1.212.949.8859

www.cpradr.org CUTTING EDGE INNOVATION

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