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Klitgaard, Thomas J (Partner) PDF Print E-mail

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Professional Profile

Partner, Dillingham & Murphy, 1997-present
Senior Vice President and General Counsel, Sega of America, Inc., 1992-1996
Senior Vice President, General Counsel and Corporate Secretary, Tandem Computers Incorporated, 1985-1992
Partner, Pillsbury, Madison & Sutro, 1971-1985
Associate, Pillsbury, Madison & Sutro, 1964-1971
Associate, Gibson, Dunn & Crutcher, 1963-1964
Law Clerk, United States Supreme Court Justice William O. Douglas, 1961-1962


Legal Experience

Antitrust, commercial, financial, intellectual property (copyright, patent, trade secret), and securities cases, including trials, appeals, and public agency hearings, as law firm partner and associate, 1967-1985, 1997-present

Commercial, employment, financial, intellectual property (copyright, patent, trademark, trade secret), international distribution, licensing, and securities law cases, including mini-trials before senior business executives, as corporate general counsel, 1985-1996

Special Master in commercial, construction, employment, finance, patent, and public interest cases under appointment by the Honorable William H. Orrick, Jr., 1997-2002, and the Honorable William Alsup of the United States District Court, Northern District of California, 2004

Arbitrator and mediator of commercial, financial, intellectual property, distribution, and licensing disputes for the American Arbitration Association, 1987-present, and for the International Centre for Dispute Resolution, 1998-present

Mediator of commercial, ERISA, financial, public interest, and technology disputes under appointment of the Federal District Court, 1997-2004, and by agreement of the parties, 1997-present

Member of Panel of International Commercial Arbitrators, Beijing Arbitration Commission, 2007-present

Member of the Panel of International Commercial Arbitrators of the Hong Kong International Arbitration Centre, 2005-present

Member of the Panel of International Arbitrators of the International Centre for Dispute Resolution, New York, 1998-present

Member of the Panel of Arbitrators of the American Arbitration Association for Commercial Disputes, 1987-present, and for Complex Litigation, 1992-present

Member of the Panel of Commercial Arbitrators, National Arbitration Forum, Milwaukee, 2005-present

Member of the Panel of Mediators of the American Arbitration Association, 2005-present

Member of the Panel of Appellate Mediators, California Court of Appeal, First Appellate District, 2003-present

Member of the Panel of Civilian Mediators, Office of Citizen Complaints, San Francisco Police Department, 2006-present

Pacific Rim Experience

Commercial, distribution, intellectual property, and joint venture transactions involving China, 1979-present; commercial, distribution, and intellectual property transactions involving Japan, 1985-present

Twenty-one years as Chair of Shanghai Business Management Training Program conducted jointly with the Shanghai Municipal Government for mid-level managers of Shanghai government bureaus 1984-1989, 1992-2004, and with the Shanghai State-Owned Assets Supervision and Administration Commission for senior managers and officers of Chinese state-owned enterprises 2007-present

Five years as Adjunct Professor of Law, Asian Legal Systems (Cambodia, China, Hong Kong SAR, Indonesia, Japan, North Korea, South Korea, Laos, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, and Vietnam), University of San Francisco Law School, 2002-present

Arbitrations, litigation and mediations involving Asian countries, 1968-present

Guest Professor, Shanghai Economic Management College, 2007-present


Business, Corporate Experience

Acquisitions and mergers, commercial transactions, employment agreements, engineering projects, international distribution agreements, intra-company agreements, joint venture agreements, real property acquisition and financing, technology acquisition and development (including patent and software licenses, original equipment manufacturer agreements) and confidentiality agreements, 1963-present

Federal and State antitrust laws, Federal and state corporate governance, directors' and officers' liability insurance, internal corporate controls, and securities regulation, 1967-present

Adjunct Professor of Law (Real Property Secured Transactions 1966, Uniform Commercial Code 1967, Corporate Law and Partnerships 1998), University of California at Berkeley (Boalt Hall)

Education

A.B., University of San Francisco, 1956, summa cum laude

LL.B., University of California at Berkeley (Boalt Hall), 1961; Editor-in-Chief, California Law Review

Graduate, United States Army Guided Missile School, Basic Computers and Electronics, Fort Bliss, Texas, 1957

Graduate, Monterey Institute of International Studies, Training for Service Abroad, Mandarin Chinese Language Program, 1979

Graduate, The Amos Tuck School of Business Administration Executive Program, Dartmouth College, 1990

Publications

The Context for Innovation in Japan:  Comparative Competitive Aspects and Some Practical Comments, 21 Canada-United States Law Journal 55 (1995)

Arbitration Laws and Dispute Resolution in The People’s Republic of China:  Recent Developments, Symposium on Private Investments Abroad -- Problems and Solutions in International Business, Matthew Bender & Company (1992)

Remembrances of William O. Douglas on the 50th Anniversary of his Appointment to the Supreme Court, Journal of Supreme Court History (1992) (contributor)

High Technology Disputes:  The Minitrial as the Emerging Solution, 8 Santa Clara Computer and High Technology Law Journal 1 (1992) (co-author)

Preferential Treatment for Foreign Investment in The People’s Republic of China:  Special Economic Zones and Industrial Development Districts, 7 The Hastings International and Comparative Law Review 377 (co-author) (1984)

People’s Republic of China Joint Venture Dispute Resolution Procedures, 1 UCLA Pacific Basin Law Journal 1 (1982)

The Civil Rights Act and Mr. Monroe, 49 Cal. L. Rev. 145 (1961), reprinted in Selected Essays on Constitutional Law, Association of American Law Schools, West Publishing Co. (1963)

Criminal Law: Doubt as to Defendant’s Sanity at Time of Trial, 48 Cal. L. Rev. 318 (1960)

Constitutional Law: Power of Legislative Committees to Compel a Witness to Reveal Communist Affiliations, 47 Cal. L. Rev.930 (1959)

Lectures

Doing Business in Foreign Countries, Mealey’s Product Recall Conference: Made in China and Beyond (2007)

Arbitration and Other Contractual Issues, Mealey’s Product Recall Conference: Made in China and Beyond (2007)

How Chinese State Owned Companies Can Identify and Manage Cost Effective Legal Services Which Are Necessary for Their Expansion into the United States Though Sales or Mergers, Shanghai Economic Management College (2007)

Arbitration in the People's Republic of China, Northern California International Arbitration Club (2005)

How to Obtain the Best Results In International Arbitration, Association for Transportation Law, Logistics and Policy (2001)

How to Succeed in the Practice of International Law in the New Millennium, Institute for International and Comparative Law, Dallas, Texas (2001)

Officer of the Court, Officer of the Corporation, Ethical Issues for In-House Counsel, Silicon Valley Association of General Counsel (1998)

Litigation, Indemnification, and D&O Policy Coverage, Directors College, Stanford Law School (1997, 1996, 1995)

Drafting Arbitration Clauses for International Contracts, American Bar Association (1997)

What is a Fair Use of Copyright and Trademark?, Symposium on Antitrust/ Intellectual Property Claims in High Technology Markets, Third Annual Advanced ALI-ABA Course of Study for Plaintiffs’ and Defendants’ Bars and In-house Counsel (1997)

Personal Jurisdiction and Choice of Law in Disputes Over Real Interactions in Cyberspace, The Computer Law Association (1996)

The Transnational Arbitration of High-Tech Disputes, The Institute for Transnational Arbitration (1996)

Transferring International Technology - Modern Methods of Negotiating Technology Transfer Agreements with Chinese Organizations, San Francisco Global Trade Council (1996)

Resolving Trade and Investment Disputes with China, Institute for International Law & Business (1994)

ADR Provisions - Agreeing Upon and Drafting Pre-Dispute and Post-Dispute, American Intellectual Property Law Association (1993)

Circumstances Where ADR Is Appropriate and Not Appropriate, American Intellectual Property Law Association (1993)

Intellectual Property and Technology Issues, The Conference Board (1992)

High Technology Dispute Resolution, The Bar Association of the City of New York (1989)

Doing Business with the People’s Republic of China, Commonwealth Club of California Business Economics Section (1986)

Negotiating with Chinese Entities, Skills and Challenges, The Chinese Cultural Foundation of San Francisco (1984)

Subject Matter Jurisdiction, 17th Annual Advanced Antitrust Law Seminar, International Trade and the Antitrust Laws, Practicing Law Institute (1977)

Trade Secret Litigation, California Continuing Education of the Bar (1975)

Current Professional Activities

Member, American College of Commercial Arbitrators, 2007-present

Co-Chair, Northern California Membership Committee, United States Supreme Court Historical Society, 2002-present

Member, Advisory Board, Institute for Law and Technology, Plano, Texas, 2002-present (immediate past Chair)

Member, Martindale-Hubbell/LexisNexis Legal Advisory Board, 1992-present

Member, American Bar Association, Antitrust Law, Intellectual Property Law, Science and Technology Law Sections

Member, American Intellectual Property Law Association

Prior Professional Activities



Chair, California State Bar Committee on the Maintenance of Professional Competence, 1982-1984

Chair, Symposiums on Private Investments Abroad, Southwestern Legal Foundation, Dallas, Texas, 1994, 1995

Current Community and Public Service

Member of Executive Committee and Chair of Audit Committee, San Francisco Bay Area Council, Boy Scouts of America, 2006-present

Member, National Council for United States-China Relations, 2003-present

Member, Pacific Council for International Relations, 2002-present

Member, Graduate Business School Advisory Council, San Francisco State University, 2002-present

Director and Secretary, San Francisco-Shanghai Friendship City Committee, 1982–present

 

Prior Community and Public Service


Trustee, University of San Francisco, 1993-2002

Trustee, Asian Art Museum, San Francisco, 1995-2001

Director, American Arbitration Association, 1988-2000

Commissioner, Asian Art Commission, City and County of San Francisco, 1987-1995

Chair, Board of Directors, Chinese Cultural Foundation of San Francisco, 1983-1985

Deputy Junior/Juvenile Soccer Commissioner, Junior/Juvenile Soccer Commissioner, Olympic Club of San Francisco, 1972-1981

Legal Counsel, Little Sisters of the Poor of Oakland, California, 1968-1975

Legal Counsel, The Junior League of San Francisco, Inc., 1964-1985

Seminars Attended in Last Two Years

Seminar for Hong Kong International Centre Panel of Arbitrators, Hong Kong International Arbitration Centre, 2007

Mediation in Hong Kong, The Way Forward, Hong Kong International Arbitration Centre, 2007

45th Annual Conference on Intellectual Property Law (Copyrights, Patents, Trademarks), Institute for Law and Technology, 2007

5th Annual Miami International Arbitration Conference, Arbitration in Las Americas:  A 360 Degree View, 2007

44th Annual Conference on Intellectual Property Law (Copyrights, Patents, Trademarks), Institute for Law and Technology, 2006

Investment Treaty Arbitration in the 21st Century, 17th Annual Workshop of the Institute of Transnational Arbitration, 2006

India, The New Asian Tiger, Center for American and International Law, 2006

Patent Procurement, Licensing and Litigation in China, Institute for Law and Technology, 2006

Military Service

Lieutenant, United States Army, Artillery, 1956-1958

Lieutenant and Captain, United States Army Reserve, 1958-1964

Past Certificates and Licenses

Merchant Seaman's Certificate, Ordinary Seaman and Wiper, 1956

Private Pilot's License, Single Engine Land Planes, 1957

Private Pilot's License, Single Engine Seaplanes, 1959

Other Language

Working Mandarin Chinese

 
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