THE NEGOTIATORS

Berkeley Law

NATIONAL CHAMPIONS AT LEFKOWITZ!

Welcome to the inaugural edition One of our students even said he used spirit, and the dedication of these of Berkeley ’s Negotiator the skills he learned on the team to students in training and encouraging Newsletter. negotiate a reduction in his rent! If each other to be the best they can be. THOSE aren’t real-world skills The ADR and Transactional We hope you enjoy this season- (those are Bay Area rents, mind you), ending edition of the newsletter. We team at Berkeley Law nothing is. has had a truly incredible year, have many reasons to be proud. sending teams to six different Being on the ADR team is a year- Bill Fernholz, competitions across the United long commitment, and when one Competitions Program Director States. In everything from competition is done, those Anne Gordon, entertainment to environment, IP to competitors stay on to train the next Advocacy Fellow , these students proved that team for their chance at the gold. Barbara Andersen, they could negotiate anywhere, Each team goes through multiple Competitions Coordinator anytime, about anything. negotiations here at Berkeley in preparation for heading out to the Pictured above, left to right, are Valerie Inside: actual competition. At these Ramos ’15, Chris Hammond ’15, Will practices, students try different tactics Schildknecht ’15, and student coach and

and styles while learning best ADR Co-Chair David Updegrove ’14, pictured here winning the IP LawMeet. Entertainment 2 practices for negotiations in competition and in practice. Mediation 3 Several students have remarked that Boalt Hall ADR IP LawMeet / LLMs 4 these practices are more challenging and educational than even the ABA / Environment 5 competitions themselves. This ’13 - ’14 Coach’s Profile 6 speaks to the high quality, the team First Issue 1 Entertainment Law network and experience Los Angeles of characters. A dispute arose over and Hollywood, the heart of the who was going to use the characters Competition entertainment industry. and how the characters were going to

Los Angeles, CA be portrayed. The final round problem involved the (fictional) "Vox Studios" making Teams from UC Berkeley, UC Davis, The first team to compete in the a film that used two of the same UC Hastings, Pepperdine, Thomas 2013-2014 school year was the characters that were going to be Jefferson, Cal Western, University of Southwestern Entertainment Law featured in a "Stark Studios" film. Georgia, University of Mississippi, Negotiation Competition team. Ariel "LA Comics" owned the rights to the Texas Tech, Texas Wesleyan, La Hsiung ‘15, Cindy Zapata ’15, Toby characters and had inadvertently Verne, Liberty, Cardozo, Western Howard ’14, and Kevin Meil ’14 and granted exclusive licenses for the use State, Tulane, William and Mary, coach Ryne Posey ’14 traveled to Los of the characters to both studios. To Chapman, and University of South Angeles from October 5-6, 2013. complicate matters further, the Dakota participated in this year's This competition provides the directors for each of the studios had competition. Berkeley’s team did not opportunity for law school students creative control over the use and look advance, but they had a great from around the country to develop experience, and many of them will be returning for another round next year.

Thanks to the Berkeley Center for Law and Technology for sponsoring

this fantastic team!

The Southwestern Entertainment Negotiations Team knows how to enjoy a good meal. Left, Toby Howard ’14, Kevin Meil ’14, and Cindy Zapata ’15 like to see how their meat is cooked. Below, Ariel Hsiung ’15, Kevin Meil ’14, and Cindy Zapata ’15 know that the good life involves French toast and sandwiches. Below left, the team’s mascot, a raccoon on a razor scooter. The artwork is unsigned.

Berkeley Law:

Boalt Hall

ADR / Negotiations

their negotiation skills, gain competitive experience, and build team dynamics. These skills and experience are important for all lawyers, no matter what area of practice is pursued, as they relate to effective communication and the ability to quickly assess the interests of a client and adversary. The competition also provides a great opportunity for law students specifically interested in pursuing a career in entertainment law to 2

ABA Mediation

Competition

Boise, ID A rapidly growing competition is the American Bar Association Representation in Mediation Competition, which allows students to flex their advocacy muscles within the mediation process. The growth of this competition mirrors the ever- growing expectation of clients to utilize mediation as a cost-effective alternative to trial. In this year’s competition, Berkeley was ably represented by two teams: Page Robinson ‘14 and Libby Hadzima

’15, and Patrick Metz ’14 and Anne

Hilby ’14. In each team of two, one competitor plays the role of the attorney, and the other acts as the client. Two teams meet in the presence of a mediator and work towards resolution of their difficulties. Each round involves a The ABA Mediation Team at right, left to right, are Page Robinson ’14, Libby Hadzima ’15, Patrick Metz ’14, student mediation period and an opportunity coach and ADR Co-Chair David Updegrove ’14, and Anne to self-critique. Students are Hilby ’14. evaluated on their ability to negotiate in a mediation setting and their balancing of the roles of client and attorney. With help from their teammates, Page and Libby finished the competition in 2nd place overall in the West region! Thanks also to David Bluhm ’82 and Jeslyn Miller '10 from Munger Tolles & Olson for supporting and coaching the team back in Berkeley.

Pictured left, Libby and Page show those other teams a thing or two. Above, Patrick and Anne were apparently so scary that the other team ran out of the room in fright. Right, Libby and Page know that the best work always gets done in pajamas.

3 National IP LawMeet two months, with students drafting winning the regionals on November joint development agreements, 1, 2013, and the national competition Santa Clara, CA interviewing their clients, and only a week later. These students did marking up opposing teams’ drafts. an incredible job with an extremely The National IP LawMeet® is the The regional portion of the complicated fact pattern, working premier lawyering competition for competition culminated with the live tirelessly for months leading up to students contemplating a negotiations. competition. But it all paid off – transactional practice focused on Even off their home turf, great job everyone! And thanks also (IP). The Berkeley’s team bested the rest, to their practitioner coaches, Ken National IP LawMeet is a part of the Kumayama from Skadden in Palo

LawMeet family of live, interactive, Alto, and Sean Hogle, educational competitions designed to both of whom spent give law students a hands-on hours on the phone experience to develop and hone their phone with with the team and transactional lawyering skills. reviewed their written Berkeley’s team, represented by drafts. Chris Hammond ’15, Valerie Jon The Berkeley IP Ramos ’15, and Will Schildknecht LawMeet team, left to ’15, and coached by student coach right, are Will Schildknecht ’15, David Updegrove ’14, faced eleven Chris Hammond ’15, other teams in the regional round of student coach and the competition, held at Santa Clara ADR director David Updegrove ’14, and

University School of Law. Valerie Ramos ’15. The team was tasked with Clearly this hand position was their representing one of two sides in secret weapon – don’t drafting and negotiating a joint you want to increase development agreement for a your offer a little just by looking at it? promising new 3D printing technology. Drafting took place over

of international arbitration for the construction project. Inattentive LLM International resolution of international business bureaucracies, indigenous people’s Commercial Arbitration disputes and investment disputes. relations, and environmental Competition Seventeen teams competed, and standards all had to be discussed Berkeley sent seven of our LLMs: during the competition. Against this Washington, DC Sibylle Vieille-Cessay, Sophie Sitter, complicated backdrop, one of our Our LLM students have joined the Chitra Rentala, Evan Whittal- teams advanced to the quarterfinal ADR fun, as well. This year, the Williams, Anna Maria Galinska, rounds, and Anna Maria Galinska received the award for Best Oralist in Center on International Commercial Ziyan Huang, and Willi Kunzli. The the competition. Arbitration hosted the Third LL.M. problem concerned Ocean Shipping

International Commercial Arbitration Company, who requested arbitration Moot Competition. This event, against the Kingdom of Fairland Berkeley Law: created specifically for LLM pursuant to international treaties, Boalt Hall ADR students, seeks to foster the study of based on problems arising out of a 4 ABA Negotiation Competition the Regional Championship over 23 other teams! Berkeley, CA Then they were off to Chicago, Chicago, IL where they faced a multi-day problem filled with multiple fact Again bringing the best from patterns to master in a short period of Berkeley, our ABA Negotiations time. Due to a mix-up by the teams, comprised of David competition officials, in the semi- Updegrove '14, Meredith final round they ended up with less Pressfield '14, Katie Duncan '14, than an hour to prepare! Yet despite Ryne Posey '14, Nina Gupta '15, this compressed timing, they and Salmon Hossein '15 competed performed flawlessly and ended up in the ABA Negotiation Competition as National Semi-Finalists. They got Regional held here at Berkeley Law. a lot of positive feedback from the After competing all day Friday (with judges, and got great deals for their different problems in the morning clients. This was truly an all-star and afternoon), David and Meredith team: Meredith also won the CA were one of the top 4 to advance to State Bar Environmental the final round on Saturday, Nov. 9, Negotiations Competition as a 2L, in and were given a brand NEW spring 2013, with her partner Joseph problem that they only had overnight Santiesteban '14, who stayed on to Pictured above, Meredith and David prepare for to prepare. They got four perfect consult with the team this year. big-firm life by burning the midnight oil in suits. scores in the first round and near- Below, Meredith and David display their prize with Congratulations Dave and Meredith! coach Jeslyn Miller ’10, who traveled to Chicago perfect scores in the second, winning with the team.

Cal Bar Environmental With the last competition of the after two rounds advanced to a final Negotiations Competition year, the Alternative Dispute Judged by attorney volunteers on Resolution team added to their truly several factors related to their Los Angeles, CA incredible string of victories with negotiation skills, the top four teams 2Ls Francis Choi ‘15 and Andy after two rounds advanced to a final Coughlan ‘15 defending Berkeley's round. Based on the total score of all title in the California Bar three rounds, the Berkeley team was Environmental Negotiations named the first place winner! The Competition. Eighteen teams of two team won $1,000, but more than that, from law schools across the State the glory of representing Berkeley in competed in this year's competition yet another successful competition. at UCLA from March 21, 2014. The Frances and Andy performed students competed in two rounds of brilliantly in the final round, negotiations involving fictitious representing a developer trying to issues. appease a "save the turtles" advocacy Judged by attorney volunteers on group. Congratulations Francis and several factors related to their Andy and thanks to their coach negotiation skills, the top four teams David Bluhm ‘82!

Left: Francis Choi and Andy Coughlan, both class of ’15, proudly display their blue and gold. Berkeley Law ADR

5 Coach’s Profile: Jeslyn Miller ‘10

Jeslyn Miller ‘10 is currently a We asked her to say a few words protracted such that settlement was fourth year at the firm Munger, about her involvement with the in both sides’ interest (positive Tolles & Olson in San Francisco. program and why she devotes so leverage). Not only did we get the She was a true ADR rock star while much of her time to making our other side to buy into our position, at Boalt, where she was a finalist at program great: but being the inherently reasonable the ABA Negotiations Competition “When I say that I ‘discovered’ party built trust with the mediator (having won regionals), the ADR at Boalt, it was discovery in the that enabled us to settle for a low Copenhagen International truest sense of the word. I enrolled amount, considered a big victory for Negotiation Competition, and won in law school wanting to be a trial our client. Even outside the the California Environmental attorney, and at that time had no idea settlement context, ADR skills come Competition. that ADR was an essential part of up daily in the practice of a litigator: trial practice--in fact most federal whether negotiating with opposing district courts and the Ninth Circuit counsel over a discovery dispute, require the parties to attempt to navigating interpersonal mediate before proceeding with trial relationships with a coworker, or or appeal. setting expectations with a client. In “My participation in Boalt’s the last three years I’ve become a ADR program taught me to be strong believer that litigation doesn't creative, to think on my feet, and to have to be a zero sum game, and be an effective communicator--the through ADR and the amicable very skills I've found most valuable resolution of disputes, both parties as a junior attorney. For example, I can be better off (the classic win-win recently represented a start-up in an solution). I’m excited to be back at early mediation over an employment Boalt to help teach the ADR skills dispute. Our team submitted a that are critical to being a successful mediation brief, which explained lawyer in any field, and to hopefully why we were likely to prevail on the inspire other students to find the law (normative and negative same passion for ADR and creative leverage) but also that any resolution problem solving that I found in law of the case would be costly and school, and in the practice of law.”

Thank you Ryne Posey serving as examples of what a and David Updegrove! well-rounded law student can be like: student-athletes, mentors, and leaders. We at the Board of

When Ryne Posey and David Advocates wish them all the best in Updegrove graduated this past their next endeavors, and hope that Saturday, the school truly felt a their BigLaw firms love and loss. These two took the ADR appreciate their hard work and team to the most successful year dedication as much as we have. If ever, attending nearly every they don’t, as Bill always says, practice, traveling with the teams, we’ve got a place for you back here serving as sounding boards for as a 4L! You will be greatly strategy, and helping recruit a huge missed by the team, by its advisers crop of students clamoring to be on and by the entire law school next year’s team. They did this by community. Happy Graduation! 6

Above left, Nina Gupta ’15 and Andy Coughlan ’15 check out the view Above and right, Ariel Hsiung ’15, Cindy Zapata ’15, Toby Howard ’14, and Ryne Posey ’14 eating and drinking (again). Left, Jeslyn Miller ’10 and David Updegrove ’14 at the BoA Alumni Night in San Francisco Below, Nina Gupta, Andy Coughlan, Nahal Bahri, and Francis Choi, all ’15, at the CalBar Environmental Competition Below left, Patrick Metz and Anne Hilby ’14 double-bill travel and work time.

Above, it’s a little-known fact that a good negotiator must also be able to rock the mike.

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SPONSOR A COMPETITION TEAM

Berkeley Law offers one of the best competitive THE FOLLOWING COMPETITIONS ARE CURRENTLY advocacy programs of any law school. This year we SEEKING SPONSORSHIP FOR 2014-2015: will send approximately 20 appellate moot court, , and negotiations teams to national and international competitions. The law school commits ADR COMPETITIONS: significant time and resources to training these students, who gain skills essential to their eventual law ABA Negotiations Competition: A competition in practice. We are proud of our relationships with top negotiation! Students compete to obtain winning results local appellate advocates, trial attorneys, negotiators, for their clients in simulated negotiations. This is the and mediators, who volunteer their valuable time to premier national negotiations competition. Berkeley Law help our students excel. Team sponsors have the will field two teams. $5,000 chance to support some of Berkeley’s best and brightest students as well as connect to our ABA Mediation Competition: Designed to acquaint law international network of alumni and friends. students with advocacy skills in ADR, specifically We offer various sponsorship levels for firms that mediation. Berkeley will send two teams. $5,000 wish to participate. Full sponsorship includes all of the benefits listed here: National IP LawMeet: The premier lawyering competition for students contemplating a transactional practice focused on Intellectual Property (IP). The 1 Acknowledgment of gift in Berkeley Law’s Annual competition involves drafting, mark-ups, and negotiations. Report of Philanthropy and on the school website. Berkeley Law will field one team. $8,000

2 Berkeley Law will acknowledge your sponsorship in Transactional LawMeet: The premier moot court team announcements, internal and external experience for students interested in transactional practice. newsletters, moot court publications, the BoA The teams work on drafting an agreement for a new CEO. website’s donor pages, and team t-shirts. Berkeley Law is hoping to send one team. $5,000

3 Opportunity to connect with and mentor some of APPELLATE COMPETITIONS: Berkeley’s best and brightest students, including invitation-only recruitment events with Board of National Appellate Advocacy Competition: The other of Advocates competitors. the two most prestigious moot court competitions, usually involving questions of constitutional law. Sponsored by 4 Opportunity to get your firm involved in the law the American Bar Association. Berkeley will field two school and the legal community—alumni, professors, teams. $6,000 and students—both in California and beyond. National Appellate Advocacy Competition: The other of 5 Opportunity to host team events at your firm during the two most prestigious moot court competitions, usually the school year, including practice moots and involving questions of constitutional law. Sponsored by social/recruitment events. the American Bar Association. Berkeley will field two teams. $6,000 6 You may be involved in preparing the team for competition to extent agreed upon by you and Jessup Competition: The premier Berkeley Law. international law moot court competition. Hundreds of teams from across the world compete in regional 7 You may publicize your sponsorship of the team. qualifying rounds. Winning teams advance to the international rounds in Washington, D.C. Berkeley Law 8 Berkeley Law will keep you informed of the team’s will field one team. $5,000 progress. National Environmental Law Moot Court Competition: For more information, or to schedule a presentation at Nationally-known environmental law competition. Each your firm, please contact Anne Gordon at team represents a company, an environmental citizens’ [email protected] or (510) 666-3783. group, and the intervening government agency (EPA). Berkeley Law will field one team. $5,000

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