“As a Silicon Valley lawyer, I believe complex business disputes are often best resolved by professionals in private business settings.”
GARY L. BENTON
U.S. and International Arbitrator and Mediator
Gary is the founder and currently serves as the Chairman of the Silicon Valley Arbitration & Mediation Center in Palo Alto, California.
Gary was previously a partner with the leading international law firms Pillsbury Winthrop Shaw Pittman LLP in Palo Alto and Coudert Brothers LLP in San Francisco and Palo Alto. In addition, he served in an in-house capacity as Vice President and Chief Legal Officer of Global Velocity, a next generation Internet cybersecurity company. Gary served as the head of Coudert Brothers’ West Coast International Arbitration Practice and its Northern California Technology, Media and Telecoms group. At Pillsbury, he co-chaired the Silicon Valley international team.
As a practicing attorney, his focus has been on US and international business, corporate investment, technology and emerging growth matters. Gary’s technology law career includes extensive experience litigating patent and other IP disputes, venture financing Silicon Valley tech startups, handling US and international M&A and IPOs, managing portfolios of international legal projects for Fortune 500 technology companies,and serving as an Internet cloud security company General Counsel.
Gary is one of only a few arbitration experts with a background in science, technology, law and international development. He has significant experience as both a litigation partner and a corporate partner in AmLaw 100 firms. He is one of only a few technology arbitration experts with experience as both a partner in a major law firm and as a General Counsel in an emerging technology company. As well, he is one of only a few Silicon Valley arbitration experts with extensive international arbitration experience. Gary’s training as a U.S. and international litigator and arbitration counsel, coupled with his transactional expertise in emerging technology and private investment, make him uniquely suited for resolving complex business disputes involving U.S. and international technology and emerging growth companies.
Gary has handled hundreds of cases in the course of his career. He has substantial experience as a single, presiding and panel arbitrator for U.S. and international commercial arbitrations involving corporate, commercial and international business transactions, including private investment, private equity and venture capital, emerging growth financing, international business, IT & Internet, telecom, biotech & pharmaceuticals, alternative energy, technology development, sales, marketing and distribution, competition, IP licensing and infringement disputes. His international arbitration experience includes counsel and neutral services involving common law, civil law and developing country matters. He has significant experience with civil law and other non-U.S.-style arbitration.
He is a member of the ICDR International Panel, the American Arbitration Association Commercial Panel (Large & Complex Cases, IP, High Tech, Securities, Corporate Law, Communications & Telecom, Contract Law & General Business specialty panels) and Energy (Alternative Energy) Panel; the CPR Institute for Dispute Resolution Panel (General and Technology panels); the World Intellectual Property Organization (WIPO) Panel and other major international arbitral institution panels. He has also acted as counsel on International Chamber of Commerce (ICC) Court of Arbitration and London Court of International Arbitration (LCIA) matters.
Gary is a Fellow of the College of Commercial Arbitrators (CCA), a Fellow of the Chartered Institute of Arbitrators (CIArb), and a member of the Institute for Transnational Arbitration (ITA) Advisory Board and various other U.S. and international arbitration and legal associations. He is listed as a 2015 Northern California Super Lawyer.
Gary was also trained by the American Arbitration Association as a Mediator. He assists parties in negotiating business-practical resolution of US. and international business and technology disputes. He handles administered mediations through the American Arbitration Association and the Agency for Dispute Resolution.
Gary is a highly engaged dispute resolver. He developed Dynamic Dispute Resolution™, a model of alternative dispute resolution emphasizing (1) resolution by a neutral who has focused legal and industry expertise in the subject matter of the dispute, (2) a practical methodology directed toward efficiency, cost-savings and party satisfaction with the process, (3) development of processes to meet the desires and requirements of the parties and their counsel, (4) active engagement by the neutral on procedural and substantive issues throughout the process, (5) highest quality decision making, and (6) devotion to the highest ethical standards.
He received his undergraduate degree with honors from Washington University in St. Louis (Earth & Planetary Sciences, Political Science and International Development) and his law degree with honors from Tulane Law School, and engaged in additional legal studies at the University of California, Hastings College of the Law and international studies at Stanford University.
Gary is qualified as a U.S. lawyer and an English solicitor. He is admitted in California and the District of Columbia and a member of the bar of the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, the U.S. Court of Appeals for the Federal Circuit and various federal district courts.
He serves as an Arbitrator and Mediator throughout the U.S. and internationally in administered and ad hoc proceedings.
Corporate and commercial law: commercial contracts involving sales, marketing, development, licensing, tech transfer, corporate structuring, emerging technology startups, venture capital financing, technology transactions and valuations, mergers & acquisitions, IPOs, corporate governance and operations, including stockholder, shareholder, partnership, LLC and Board director fiduciary duty, fraud, misrepresentations, breach of the covenant of good faith, M&A, sales reporting, expense reporting, earn-out and accounting issues, employment contracts, independent contractors, NDAs and confidentiality agreements, non-competes, executive compensation and stock options.
Intellectual property law: advice on copyright, trade secret, patent and trademark issues, particularly resolution of technology licensing and royalty disputes (including FRAND disputes) and prosecution and defense of technology infringement claims, as well as related antitrust and competition issues. Extensive transactional and U.S. international litgation experience, including litigation finance, e-discovery and treaty enforcment issues.
Legal practice experience involving a variety of U.S. and foreign business sectors, including technology, telecommunications, biotech/pharmaceutical, alternative energy, investment, financial services, entertainment, gaming, aviation and defense, including hardware OEMs, software developers, Internet providers, digital media companies, distributors, U.S. and foreign venture capital funds and other private equity investors.
Technology law work experience includes legal and business activities involving the Internet (connectivity, cloud computing, cybersecurity, web content, e-commerce & B2B, SaaS and social networking), software (operating systems, networking and applications, including CRM, ERP, business, entertainment/gaming, utilities, graphics/video, security and mobile apps), hardware (semiconductors, CPUs/microprocessors, SOC/multi-core processors, memory, graphics, storage, media and peripherals), telecommunications (mobile and Internet, including wireless, broadband, VOIP and LAN/WAN protocols), biotech/pharmaceuticals, alternative energy (wind, solar, fuel cells and storage) and materials sciences. Experience with national security clearance matters.
Gary has handled technology and international commercial matters in over 80 countries throughout East Asia and South Asia (including extensive work in China, Singapore and India), throughout Europe, Israel, Central and South America and Australia. As well, he speaks frequently and writes regularly on topics concerning technology law and international dispute resolution.