Michael H. Diamant

+1 216.706.3949
mdiamant@taftlaw.com
http://www.taftlaw.com
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Michael H. Diamant received a B.S. in Engineering with high honors from Case Western Reserve University, and a J.D. cum laude from Harvard Law School. He is retired at the end of 2016 as partner, and remains Of Counsel at Taft Stettinius & Hollister LLP in its Cleveland Ohio office to complete a few ongoing cases. As a partner he was a member of its Litigation and IP Practice Groups. He has litigated at all levels of state and federal courts in Ohio and around the country including the U.S. Supreme Court and tried numerous jury and non-jury cases both criminal and civil, including defending three of the National Guardsman in the Kent State Criminal Trial and multiple engineering and business disputes. With respect to technology he has tried cases in courts or before arbitration panels involving progressive die design, eddy current heat treating systems, tunneling machines, roof supports, polymer patents, mine roof supports, as well as, a variety of business disputes.

He serves as an arbitrator and mediator for the American Arbitration Association, the International Centre for Dispute Resolution, and the International Institute for Conflict Prevention & Resolution, is a Fellow of the College of Commercial Arbitrator, as well as local federal and state courts, and is a member of the Tech List and a Director of the Silicon Valley Arbitration and Mediation Center. He focuses on engineering and technology disputes both in his litigation and ADR practice. He has been an arbitrator and mediator for over 35 years. As an arbitrator, he has decided cases around the country involving computer software disputes (e.g. enterprise software implementation failures, license disputes, software copyright), cardiac and vascular implants, large enterprise software systems, cogeneration facility rates, aircraft engine failure, construction contracts, and patent licenses and infringement, among other technical and business disputes. As a mediator he has assisted parties in resolving disputes involving computer software, polymers, building design and construction, patents, technical specifications for mineral additives for coatings, among as well as numerous business disputes. He is on the Large Complex Commercial Panel and the Technology/IP Panel of the American Arbitration Association/International Centre for Dispute Resolution, the Panel of Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR), the TECH List of the World’s Leading Technology Neutrals of the Silicon Valley Arbitration and Mediation Center, and serves on its Executive Committee. He is also a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators (London, England).

He speaks regularly locally and national, on arbitration and mediation programs including presentation for ALI/ABA, the College of Commercial Arbitrators, the Ohio State Bar Association, MERITAS, CPR, AAA/ICDR, the ABA Dispute Resolution Section, the Ohio State Bar Association, and the Cleveland Metropolitan Bar Association, among other.

Recent publications include, ADR in Science and Technology Case, A Better Way, in the AAA’s Dispute Resolution Journal, Vol. 70, No. 1, p. 77, multiple articles in the Cleveland Metropolitan Bar Journal on Tech ADR, and is the lead co-author of a chapter, Arbitrating Technology Cases: Considerations for Business People and Advocates in a book recently published by the ABA titled, ADR Advocacy, Strategies, and Practices for IP and Technology Cases. Ed. Harrie Samaras, Chicago: ABA, Section of Intellectual Property Law, 2017. pp, 359-418.

Mr. Diamant is a member of the Cleveland Metropolitan Bar Association, were he serves on the Courts 
Rules Committee and the Division of Fees Dispute Resolution Committee and is a member of its ADR, Litigation and IP Sections. He previously served on its Board of Trustees and Grievance Committee and Chaired its Judicial Selection Committee, its Courts Rules Committee and ADR Section. He is also a member of the Ohio State Bar Association and the American Bar Association (DR, IP and Litigation Sections.)

In addition to his involvement in Bar Association activities, Mr. Diamant has continued to be involved in Engineering and Science Education at Case Western Reserve University (CWRU), where he served on its Visiting Committee for Undergraduate Education, was the founding Chair of the Visiting Committee for the Case School of Engineering of Case Western Reserve University, serving in that role for eight years, served as President of the Case Alumni Association where he is a Life Member of its Board and also currently serves on the Case Advisory Board and the Case Alumni Association Board. He is a regular attendee and received multiple certificates from CWRU’s Origins Science Program. Each seven-week session focuses half on physics (astrophysics, particle physics, astronomy, and cosmology) and half on biology (evolution, genetics, and medicine.)

Representative Arbitrations:

Alleged defects in enterprise software for an internet bank and resulting in failure to pay for the software. (chair)
Electricity rate dispute based on contract between co-generation facility and utility. (sole arbitrator)
Enterprise software installation failure for a food distributor. (chair)
Enterprise software installation failure for international construction materials manufacturer. (chair)
Contract dispute between international medical device manufacturer and research company regarding contract to develop porcine heart valve and vascular grafts. (chair)
Performance and copyright infringement dispute between chain of automobile dealerships and national software developer. (sole arbitrator)
Patent license and infringement dispute regarding computational methodology in licensed software. (panelist)
Aircraft inflight engine failure damage claim. (chair)
Contract dispute regarding quality of mined limestone for use in a flow-bed boiler. (panelist)
Design and performance dispute regarding contract for design and construct of a large web printer system. (panelist)
Contract dispute between international high end automobile manufacturer and local dealership. (panelist)
Construction dispute regarding industrial park construction and design. (chair)

Representative Mediations:

Enterprise software implementation between large national greeting card company and national software developer.
Contract dispute regarding quality, including clarifying specifications as to allowed impurities and particle size and developing methods of testing for mined materials for additive to industrial coatings.
Contract dispute regarding polymer materials quality.
Construction dispute regarding leaking roof in downtown apartment complex.
Trademark dispute regarding color of construction membranes between international chemical and construction materials company and new startup.
Dispute between national trucking company and purchaser of hundreds of truckloads of salvaged goods.
Dispute between architects as to copyright and attribution rights to the design of large scale award winning urban redevelopment.
Multiparty commercial dispute regarding quality and delivery of construction salvage materials.
Service mark dispute between two national executive search and placement agencies.