Hon. Stephen E. Haberfeld (Ret.), JAMS Mediator and Arbitrator

Hon. Stephen E. Haberfeld (Ret.) is widely respected as a charismatic, accomplished and effective mediator, arbitrator and special master, who brings a wealth of talent and three decades of judicial and ADR experience to resolution of a broad range of complex and highly contentious matters --- including class actions, business/commercial, intellectual property, entertainment, employment, civil rights and professional sports. Judge Haberfeld enjoys a reputation among seasoned practitioners for making thoughtful, incisive and well-reasoned decisions and for conducting all proceedings fairly, civilly, and efficiently.

Judge Haberfeld is a former U.S. Magistrate Judge of the U.S. District Court for the Central District of California and was an Assistant Watergate Special Prosecutor in Washington, D.C.

As a Settlement Judge for the Nevada Supreme Court since 2003, Judge Haberfeld has been appointed by the Court's Settlement Program to settle almost 500 appeals, including as a "go-to" Settlement Judge for resolution of the Court's most complex and difficult disputes.

Judge Haberfeld has taught entertainment law, intellectual property rights and land use planning at Pepperdine Law School and has been an invited panel moderator and featured speaker at law schools, legal symposia and other professional gatherings.

Representative Matters

Business Commercial

Chair of three-federal-judge arbitration panel in copyright and contract dispute between internationally renowned celebrity sisters and venture capitalists over failed beauty products business
Arbitrator and mediator of business disputes concerning corporate governance and alleged violations of duties of loyalty and care (e.g., corporate opportunities doctrine, "freeze outs," "insider" transactions, business judgment rule, etc.), economic damage analysis
Arbitrator of business disputes involving alleged violations of covenants not to compete, trade secrets, and unfair competition by sellers and former employees of professional practices and businesses (e.g., medical, legal, architectural, insurance brokerage, motion picture equipment, legal document copying services, etc.)
Arbitrator of "Enron"-type action, based on allegedly false and misleading financial information in connection with "for stock only" sale by seller of closely-held private company to public company
Chair of three-person commercial panel in dispute concerning "freeze out" of a partner by other partners in connection with construction of a famous Las Vegas hotel
Chair of tripartite arbitration panel in contract dispute focusing primarily on alleged violations of non-competition agreements involving major providers of medical imaging services in Southern California
Chair of tripartite commercial arbitration panel in dispute concerning responsibility for large insurance deductible in connection with sale of division by one major corporation to another
Arbitrator of claims of fraud allegedly committed by insiders in connection with offer and sale of LLC membership units of new hotel venture
Arbitrator of business dispute over non-renewal of leading sub-prime unsecured credit card issuer bank's contract for direct marketing services
Mediator of dispute involving importation, distribution, and trademark ownership of brands of foreign win
Mediator of dispute involving suspension and/or adequacy of business software modules installation and training
Arbitrator of business dispute between competitor/former partners in on-line day trading educational services
Member of three-person commercial panel concerning corporate limited partners' allegations of mismanagement against general partner of wind energy limited partnerships
Arbitrator of international dispute concerning termination of CEO of cosmetics subsidiaries of renowned multinational luxury goods corporation
Arbitrator of contract dispute involving internationally famous cable TV host
Arbitrator of disputes involving departing former managing LLC member, who formed business competitive with LLC of remaining LLC members -- concerning corporate opportunity doctrine and business tort issues
Arbitrator of business disputes involving alleged violations of covenants not to compete, trade secrets, and unfair competition by sellers and former employees of professional practices and businesses (e.g., medical, legal, architectural, motion picture equipment, legal document copying services, etc.)
Arbitrator in contract dispute involving famous actress' compensation as celebrity spokesperson for brand of beauty products
Arbitrator of dispute concerning whether purchaser could rescind auction purchase of thoroughbred horse discovered to be unfit for racing

Employment Law

Sole arbitrator of dispute over retaliatory termination of C-suite executive whistle-blower of national trade association
Sole arbitrator of dispute whether rapidly-rising star employee who "jumped" to main competitor in insurance brokerage conspired with his new employer to steal alleged trade secrets of former employer
Arbitrator of California statewide and multi-county wage-and-hour class actions
Arbitrator of dispute over allegedly discriminatorily coerced departure of nationally-known attorney from famed international law firm
Chair of three-person panel in mock arbitration in connection with nationwide class action employment sex discrimination litigation
Mediator of class action wage and hour dispute and arbitrator of class action antitrust settlement fund allocations
Mediator of collective bargaining grievances for federal agency, which were also employment discrimination claims
Settlement Judge over dispute between physicians bargaining unit of hospital employees' local union and the local and international unions, concerning the local's alleged failures to represent the physicians' bargaining unit and to arbitrate more than 20 grievances of the bargaining unit's members against the employer hospital
Arbitrator of contract dispute over abrupt departure to a rival Spanish-language radio station of popular "morning drive" radio personality
Arbitrator of dispute over termination of bond trader for insubordination in allegedly failing to timely and adequately cover hundreds of millions in exposure resulting from earlier trades
Arbitrator of dispute over termination of principal of well-known merged Hollywood talent agency
Arbitrator of disputes concerning whether termination of employment retaliatory or otherwise pretextual (e.g., discrimination, whistle-blowing, etc.)
Arbitrator of disputes involving claim of discriminatory and retaliatory termination, when allegedly favored employees not terminated for allegedly similar conduct or situations
Arbitrator of dispute over company's allegedly discriminatory refusal to hire "temp" as permanent full-time employee, whose name appeared on U.S. Government list of people disqualified from employment involving interaction with and programs of specific governmental departments and agencies
Arbitrator of disputes concerning whether employee terminated "for cause" or under "morals clause" or otherwise, as affecting monetary and other substantial contractual benefits
Member of three-person international arbitration panel in dispute concerning termination of CEO of cosmetics subsidiaries of famous multinational luxury good corporation
Arbitrator of employment disputes concerning alleged violations of corporate duties of loyalty and care (e.g., corporate opportunities doctrine, business judgment rule, etc.)

Entertainment & Sports

Chair of three-federal-judge arbitration panel in copyright and contract dispute between internationally renowned celebrity sisters and venture capitalists over failed beauty products business
Mediator of Internet copyright dispute over texts of management and leadership lessons learned from episodes of hit network reality TV show of former U.S. President
Arbitrator of disputed auction sale of internationally famous pop superstar's "Glove"
Chair of tripartite panel involving internationally famous pop superstar's eleventh-hour cancellation of concerts
Arbitrator of internationally famous pop superstar's disputed alleged sale to German company of his name, likeness and image
Arbitrator of dispute between major studio and author over prominence of placement of claimed "source material" screen credit in motion picture starring Academy award-winning actress and actor and directed by Academy award-winning director
Mediator of dispute between East Coast and West Coast branches of formerly affiliated sponsors of "roasts" of comedians and other celebrities
Mediator of dispute between well-known film and TV actor and production company, owned by NBA team owner, over co-ownership and value of co-ownership of copyright of hit network TV series
Arbitrator of dispute concerning a major studio's "prequel" rights based on a successful theatrical motion picture, for use in a television series
Arbitrator of dispute concerning producer credits in sequels to successful "fright" motion picture "franchise"
Arbitrator of dispute over termination of principal of well-known merged Hollywood talent agency
Mediator of dispute concerning co-authorship credit and royalty claims between internationally known rock band and members of the group's back-up band
Mediator of contract dispute between leading boxing promoter and leading contender and rival leading boxing promoter over boxer's acceptance of bout with internationally renowned former boxing champion under contract with the rival promoter
Mediator of intellectual property and contract dispute between hockey club and hockey league over club's settlement of third-party copyright claims concerning team's logo
Chair of first JAMS three-judge SafeSport arbitration panel, involving alleged predatory sexual misconduct, allegedly committed by a crew member of one team against crew members of other teams during parties in connection with international sailing competition
Mediator of dispute between premier motion picture creature creator and leading video game publisher over contract provision governing motion picture deal for successful game involving creator's creatures A
Arbitrator of contract dispute over abrupt departure to a rival Spanish-language radio station of popular "morning drive" radio personality
Chair of three-person entertainment arbitration panel, contract dispute concerning famous TV comedy star's video distribution rights to favorite skits from famous "Golden Age of Television" shows
Mediator of audits challenging accountings and accounting methods used to compute royalties due widow of famous Great American Songbook composer
Mediator of Internet copyright dispute over texts of management and leadership lessons learned from episodes of hit network reality TV show of former U.S. President
Mediator of dispute between famous TV comedian and game show host and form personal manager
Arbitrator in contract dispute involving famous actress' compensation as celebrity spokesperson for brand of beauty products
Arbitrator of dispute concerning whether purchaser could rescind auction purchase of thoroughbred horse discovered to be unfit for racing
Arbitrator in contract dispute between suddenly successful actress and screenwriter and her former personal manager
Arbitrator of entertainment dispute concerning composer's claimed rights to additional compensation for re-released recorded works
Mediator of dispute concerning co-authorship credit and royalty claims between internationally known rock band and members of the group's back-up band
Sole arbitrator in dispute over whether commercial film director's return to former production company breached contract with and substantially damaged prominent production company
Sole arbitrator of dispute concerning a major studio's "prequel" rights based on a successful theatrical motion picture, for use in a television series
Sole arbitrator of dispute concerning producer credits in sequels to successful "fright" motion picture "franchise"
Sole arbitrator of dispute over demanded return of investment in film which went "straight to video," instead of to theatrical motion picture release
Sole arbitrator of dispute over demanded return of mostly diverted investment proceeds deposited in reliance on represented financing to be obtained for listed motion picture projects
Mediator of copyright infringement action against famous celebrity blogger's posting of famous musical celebrity's "single" in advance of release date
Sole arbitrator in contract dispute over major sports event fulfillment
Discovery referee of nationally reported court dispute over allocation of interests in multi-million-dollar judgment against well-known rapper and record label

Intellectual Property

Chair of three-federal-judge arbitration panel in copyright and contract dispute between internationally renowned celebrity sisters and venture capitalists over failed beauty products business
Mediator of Internet copyright dispute over texts of management and leadership lessons learned from episodes of hit network reality TV show of former U.S. President
Mediator of copyright dispute involving alleged misuse or fair use by one cable service of sister service's interview of mother of children of internationally famous superstar
Mediator of dispute over control of commercial exploitation of intellectual property rights of nationally-known former rock band
Mediator of entertainment and intellectual property dispute concerning alleged *misappropriation of concepts central to internationally famous director's theatrical motion picture production
Mediator of dispute concerning copyright, trademark, and trade dress violations alleged in connection with importation, marketing, and distribution of Chinese "knock-offs" of U.S. IP-protected and manufactured products
Mediator of dispute over control of commercial exploitation of intellectual property rights of nationally-known former rock band
Mediator of intellectual property and contract dispute between hockey club and hockey league over club's settlement of third-party copyright claims concerning team's logo
Mediator of copyright and trademark dispute involving alleged infringements of internationally famous distilled spirits brand, bottle shape, and advertising campaign
Mediator of copyright dispute over internet texts of management and leadership lessons learned from episodes of hit network reality TV show
Mediator of dispute concerning commemorative miniature replicas of cereal boxes bearing picture of one of the most famous world heavyweight boxing champions
Mediator of copyright dispute involving allegedly infringing use on babyware of a memorable line from a well-known movie
Mediator of dispute concerning ownership of U.S. trademark for imported wines
Mediator of dispute involving alleged infringements of distinctive copyrighted glassware
Arbitrator and mediator of patent and trade secrets dispute over rights to processes involved in the manufacture of synthetic wood products
Mediator of trademark disputes involving companies having essentially identical names and engaged in allegedly same, similar, or related business activities
Member of three-person arbitration panel in dispute concerning contract termination and trademark infringement claims involving former manufacturer and distributor becoming competitors in marketing, distribution, and sale of automotive flushes and lubricants
Sole arbitrator in dispute in which one side preliminarily enjoined from further use of slogan of competitive solar energy company
Sole arbitrator of trademark, cybersquatting, and unfair competition dispute over source identification and marketing of highly specialized motion picture camera equipment
Mediator of nationally reported dispute between East Coast and West Coast organizations bearing similar names, famous for their nationally famous celebrity "roasts"

International & Cross Border

Mediator of international dispute over alleged copyright infringement alleged by designer of premium brand of high-end, celebrity-endorsed jeans over internet promotion and sale of low-end, alleged copies of plaintiff's premium jeans
Member of three-judge international arbitration panel in dispute over allegedly fraudulent and material accounting manipulations in connection with non-U.S. corporation's acquisition of U.S. supplier of systems and parts to U.S. defense contractors
Arbitrator of international contract dispute between Chinese and U.S. corporations concerning scrap iron shipments
Arbitrator of international contractual dispute between European and U.S. corporations, concurrently pending before JAMS and European courts
Arbitrator of international dispute involving exhibit of internationally-known special effects film in Republic of Korea
Arbitrator of international film distribution disputes under the auspices of ICC and JAMS
Mediator of international film distribution dispute between Taiwanese corporation and U.S. film studio
Arbitrator of termination of U.S. executive's employment contract by renowned European luxury goods corporation
Chair of three-person panel concerning U.S. bank's alleged unauthorized withdrawal of Nigerian national's funds
Member of panel of former federal judges concerning Asian corporation's contested U.S. patent rights
Mediator of international contract dispute between Israeli and U.S. corporations concerning distribution of wines

Real Property

Mediator of commercial and residential real estate disputes -- including contract, title, easement, and title insurance disputes
Arbitrator of dispute over determination of rent to be due under renewal of lease for rights at downtown Los Angeles major wholesale storage and loading facility
Mediator of dispute concerning whether valuable downtown LA commercial lease expired or renewed for additional 10-year term
Arbitrator of dispute concerning insurance coverage issues triggered by title company's material omission in real property title reports

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Chair of City of Los Angeles Special Committee on Investigative Oversight (2020-Present), President (2003, 2x)
Elected Fellow, College of Commercial Arbitrators
Settlement Judge, Nevada Supreme Court, 2003-present
Received JAMS in-house comprehensive training in Arbitration, Mediation, Ethics, Intellectual Property Rights and Entertainment Law
Former arbitrator for the Writers Guild of America, West

Background and Education

U.S. Magistrate Judge, U.S. District Court, Central District of California, 1988-1992
Partner, Haberfeld & Haberfeld, Los Angeles, 1978-1988
Partner and Associate, Agnew, Miller & Carlson, Los Angeles, 1975-1978
Assistant Watergate Special Prosecutor, Watergate Special Prosecution Force, Washington, D.C., 1973-1975
Associate, Harold E. Kohn, P.A., Philadelphia, 1971-1973
Law Clerk to Judge Leonard P. Moore, U.S. Court of Appeals, 2d Circuit, New York, NY, 1970-1971
J.D., Harvard Law School, 1970 (Article Editor, Harvard Journal on Legislation)
Master in Public Affairs, Princeton University, 1967
B.A., summa cum laude, UCLA (Valedictorian, Phi Beta Kappa, Regents Scholar), 1965