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 Law School’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 Negotiations 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 mediation, 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 Negotiation 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 Intellectual Property (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 drafts. Berkeley’s team, represented by 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. Clearly this hand The team was tasked with 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.