Barbara A. Reeves, Esq., CEDS, JAMS Mediator and Arbitrator

Barbara A. Reeves, Esq., CEDS (Certified E-Discovery Specialist), serves as a mediator and arbitrator in complex business litigation pending throughout the United States and in cross-border disputes, including insurance coverage, intellectual property (including AI, and digital assets), antitrust, consumer class actions, securities and derivative class actions, professional liability lawsuits against accounting and law firms, litigation involving banking and complex financial instruments, construction, False Claims Act, environmental coverage cases, cases arising under ERISA, and other commercial disputes.

Ms. Reeves brings the skill set of an experienced mediator and arbitrator, a trial lawyer, and an in-house counsel to her matters. She has represented both plaintiffs and defendants in antitrust and intellectual property litigation, class actions and derivative suits, insurance coverage litigation, attorneys' and accountants' professional liability lawsuits, and claims involving breach of contract and commercial fraud. As a neutral, she has continued to focus on these areas, as well as earn-out agreements, M&A agreements, corporate governance, and business divorce.

As a mediator for more than 20 years, Ms. Reeves has focused on building trust with clients and counsel. She has developed and implemented a pre-mediation protocol of joint and separate conferences with representatives of all parties, facilitating the exchange of information and mediation statements in advance, and preparing an agreed agenda for the mediation session. She carefully reviews all materials and speaks with counsel in advance of in-person sessions to understand the interests of each party. She is strong, good at listening and reading people, and a tenacious closer. She quickly establishes rapport with parties and counsel and enables them to recognize their legal risks. She connects and communicates with clients emotionally involved with their positions and works to find mutually acceptable solutions. As a former corporate counsel and litigator, she is also able to establish the trust and confidence of both in-house lawyers and litigation counsel. She is persistent with follow-up after mediation sessions, keeping discussions alive, often achieving post-session settlements.

Ms. Reeves is ranked on the exclusive "Nationwide Mediators" List, Chambers USA (2016-2024), where she is recognized as “knowledgeable, well prepared and effective” who “combines very strong subject matter expertise across a variety of topics with a deft ability to handle numerous and strong-willed counsel.”

As an arbitrator, Ms. Reeves is known to be fair, practical, and not afraid to make tough decisions. She is methodical in her preparation for arbitrations. She encourages combining other ADR techniques with the arbitration process to conserve time and resources. Ms. Reeves has experience conducting domestic and international arbitrations under various institutional rules, including JAMS, JAMS International, ICC, ICDR, AAA, CPR, and the Court of Arbitration for Sport (CAS). She was a member of the AAA Complex Case Panel, prior to joining JAMS.

A graduate of Harvard Law School (cum laude), she clerked for the Ninth Circuit, was a prosecutor with the Antitrust Division, U.S. Department of Justice, a partner in major law firms, and Associate General counsel with Edison International and Southern California Edison, with responsibility for litigation and regulatory matters, as well as Procurement/Supply Chain, Real Estate and Transportation.

Ms. Reeves is the President of the College of Commercial Arbitrators (2023-2024), a Fellow of the Chartered Institute of Arbitrators, a certified mediator with the International Mediation Institute, and a certified e-discovery specialist.

Representative Matters

Antitrust & Competition

Ms. Reeves has handled antitrust matters since beginning her career with the Antitrust Division of the US Department of Justice, continuing into her years in private practice, and into her work as an arbitrator and mediator.

Arbitrated and mediated international cases involving Standard Development Organizations, Standard Essential Patents (SEPs) and FRAND licensing
Mediated antitrust cases involving patent disputes in life sciences, pharmaceutical, medical, gaming, transportation, financial, and telecommunications businesses
Served as a mediator in antitrust class actions including “no poach” cases in a range of industries from technology to trucking to fast food franchises, and in price fixing consumer class actions
Mediated indirect purchaser class actions involving computer components, pharmaceuticals, life insurance and telecommunications industries
Arbitrated and mediated cases in the developing field of competing digital platforms, and the entertainment industry, distribution joint ventures
Mediated civil damages actions arising from distribution arrangements, including refusals to deal, boycotting and tying arrangements
Arbitrated and mediated disputes involving joint ventures in the healthcare and biotech industries
Arbitrated and mediated numerous cases involving California’s Unfair Competition Act and False Advertising Act
Provided antitrust counseling on mergers and acquisitions while in private practice

Intellectual Property

See Antitrust above for a description of recent Antitrust and Intellectual Property matters
Arbitrated and mediated trade secrets disputes involving alleged theft of technology, strategic plans, confidential information, and customer information by former employees and by former joint venture partners, in industries including entertainment, autonomous vehicles, cloud computing, pharmaceuticals, medical equipment, electrical equipment, computer chips, sports agency, performance supplements and cannabis
Arbitrated and mediated patent and technology disputes involving a wide variety of industries and fields, including voice recognition patented technology, licensing of technology used in flat screen panels, SEP and FRAND licensing in several industries, biosimilars, traffic control technology, diagnostic treatment methods, Global Positioning System (GPS) applications, development and marketing of a point-of-care screening test
Mediated copyright disputes involving music sampling, screen play submissions, fashion design, artificial intelligence, and original art works
Arbitrated disputes involving licensing or validity of software, hardware, semiconductor, switching, internet tool, and interface patents
Arbitrated and mediated trademark matters involving major brand names in transportation, hospitality, consumer products and pharmaceuticals.

International & Cross Border

Served as an arbitrator in technology arbitrations before the International Chamber of Commerce Court (ICC) involving patent pools, patent licensing disputes, FRAND determination, and Standard Essential Patents (SEP) issues, in telecommunications and video communications

Business Commercial

Mediated broad range of business interruption commercial disputes including procurement and supply chain problems
Arbitrated and mediated contract and regulatory disputes arising under FDA regulations and food safety violations
Mediated partnership and corporate governance disputes involving professional business, legal and medical corporations and partnerships, and valuation of the businesses
Mediated disputes involving investment fraud, investment advisors and breach of contract
Mediated qui tam and False Claims Act cases involving a diverse array of industries, including supplies to military bases, aerospace and healthcare
Arbitrated disputes involving Standby Letters of Credit and alleged securities fraud
Arbitrated and mediated disputes arising out of mergers and acquisitions, post-acquisition integration and accounting, including alleged fraud and corporate disclosure issues
Mediated partnership and closely-held corporate dissolution cases, including professional corporations and partnerships, involving payments and ownership, removal of general partner, fiduciary duties, accounting, mismanagement and misappropriation
Arbitrated and mediated disputes involving ownership of cannabis businesses
Mediated disputes involving violations of state and federal consumer protection acts, including unauthorized collection and use of a consumer's personal information, Unfair Competition Law, false advertising, and the Telephone Consumer Protection Act (TCPA)
Served as a mediator in several qui tam and False Claims Act cases involving parallel civil and criminal proceedings against government contractors in diverse industries, including health care, aerospace, and food and beverage concessions

Employment Law

Arbitrated and mediated numerous employment discrimination matters involving wrongful termination, disability discrimination, whistle blower claims, retaliation, constructive discharge, and sexual harassment, including class actions and mass actions
Arbitrated and mediated labor code violations, including wage and hour class actions.
Mediated claims by senior executives of alleged breaches of employment contract
Mediated US Equal Employment Opportunity Commission (EEOC) complaints (pre- and post-filing) and assisted in structuring consent decrees
Mediated class actions alleging discrimination, PAGA claims, wage and hour claims
Mediations of mass arbitrations involving wage and hour violations and discrimination

Entertainment & Sports

Arbitrated and mediated claims between film producers, investors and insurance companies, both domestic and international, arising from production and distribution of independent films, including international tax incentives, post-production services, and cryptocurrency
Arbitrated and mediated claims for copyright infringement and breach of contract involving non-fungible tokens (NFTs), e-sports, video games, film, music, and music catalogues
Arbitrated and mediated cases involving software development projects in the entertainment industry
Mediated business disputes, including partnership disputes, personnel and talent disputes, profit participation, and stock options
Mediated trade secret and employment disputes between studios, new media, and streaming platforms
Arbitrated and mediated employment disputes in the entertainment industry
Serves as an arbitrator on the Court of Arbitrations for Sports (CAS), handling a range of cases including cases involving sports federation governance, doping and interpretation of rules, Olympic qualification disputes, involving equestrian, track and field, ice skating, swimming, and weightlifting

Health Care

Mediated contract disputes between and among biotech companies and drug manufacturers over various issues, including failure to use proper marketing efforts, wrongful termination of development agreement, and supply chain disruption
Mediated insurance reimbursement cases alleging fraud, RICO and False Claims Act violations on the part of out-of-network providers
Arbitrated and mediated health care joint venture, mergers and post-acquisition disputes, and dissolution of practice groups
Arbitrated and mediated major reimbursement disputes between hospitals and health care plans and insurance companies involving issues of reasonable value, the “usual, customary and reasonable” rate (UCR), Medicare coverage, managed care, use of leased networks, stability determinations and alleged inappropriate coding, risk sharing, ERISA preemption, and administrative issues complex payor/provider disputes involving reimbursement for past claims, and future contract terms
Mediated and arbitrated employment disputes in the healthcare sector involving physicians, medical groups and hospitals (including covenants not to compete and whistleblower complaints)
Mediated disputes relating to Mental Health Parity Act, including a major out-of-network class action
Arbitrated disputes arising out of private equity buyouts of health care systems
Mediated qui tam fraud and abuse cases under federal and state False Claims Act (FCA) statutes, both with and without government intervention
Mediated reimbursement and fraud disputes involving substance use disorder clinics and healthcare plans alleging unfair and illegal practices

Cybersecurity & Privacy

Mediated privacy claims filed in mass arbitration
Arbitrated legal malpractice claims arising out of cybersecurity breaches
Mediated insurance coverage cases involving cyber breaches

Insurance

Arbitrated and mediated insurance coverage cases involving directors’ and officers’ liability
Arbitrated and mediated insurance coverage cases involving errors and omissions policies.
Arbitrated and mediated insurance coverage cases involving professional liability policies
Mediated insurance coverage cases involving environmental coverage policies
Mediated insurance coverage cases involving cyber breaches
Mediated class action employment sexual harassment cases and allocation of indemnification and defense costs
Arbitrated major coverage case involving a university and its tower of professional liability insurers arising out of underlying settlements exceeding one billion dollars

Professional Liability

Arbitrated and mediated numerous legal malpractice claims involving underlying business, intellectual property, securities, insurance and real estate litigation and transactions
Arbitrated and mediated claims against accounting firms arising from disputed audits, and negligent preparation of financial statements
Arbitrated legal malpractice claims arising out of cybersecurity breaches
Mediated claims against accounting firm for failing to detect problems leading to post-acquisition adjustments
Mediated claims between law firm and withdrawn partner over division of proceeds from settled litigation

Engineering and Construction

Mediated an engineering dispute involving the construction of highway bridges
Mediated international cases involving construction of wind turbines for electricity generating units
Mediated disputes arising out of qualified facility power plant construction

Energy

Practiced for many years handling litigation and regulatory matters for electric public utility, alternative energy providers and co-generators
As Associate General Counsel at a utility company, handled disputes in energy industry involving public utility matters, natural gas pricing disputes, cogeneration construction disputes, environmental issues, and construction contracts
Mediated dispute involving construction of a wind farm
Mediated and was in-house counsel handling claims of breach of Power Purchase Agreement between a power company and a renewable power project developer

Environmental Law

Mediated environmental coverage/pollution exclusion matters involving Superfund sites throughout the U.S.
Mediated Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/Superfund cost recovery actions
Mediated a private CERCLA action, and cross-claims, between owners and neighboring owners of an industrial site

Real Property

Mediated disputes involving leases of commercial real estate and difficulties arising out of COVID-19 and related business interruptions
Mediated, arbitrated and served as court-appointed referee in disputes arising out of commercial real estate purchase and sale agreements

Financial Markets

Mediated securities actions alleging misrepresentations in financial documents, restatements, and generally accepted accounting principles (GAAP) violations
Mediations involving accuracy and sufficiency of public disclosures surrounding SPACs
Arbitration arising out of failed SPAC due to redemptions and professional liability issues
Arbitrated disputes involving financial advisors and investors, including breach of fiduciary duties and violations of Investment Adviser Act and regulations
Mediated claims arising out of leveraged buy-out
Mediated disputes arising out of post-closing adjustment claims

Honors, Memberships, and Professional Activities

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

Honors and Memberships

Fellow, Chartered Institute of Arbitrators
President, College of Commercial Arbitrators
Fellow, Academy of Court Appointed Masters
Arbitrator, Court of Arbitration for Sport
Certified Mediator with the International Mediation Institute
Certified E-Discovery Specialist
Board Member, California International Arbitration Council
Recognized, Global Arbitration Review, "Who's Who Legal: Arbitration 2023"
"Nationwide Mediators" List, Chambers USA (2016-2024)
Recognized, Silicon Valley Arbitration & Mediation Center (SVAMC)'s List of the World's Leading Technology Neutrals
Former President, Association of Business Trial Lawyers (Los Angeles Chapter)
Former board member or chair: Antitrust Sections of the State Bar of California and Los Angeles County Bar Association; ADR Committee, LACBA; Trustee, LACBA, Women Lawyers of Los Angeles
Current and/or former board member of numerous public interest organizations, including Public Counsel, Western Center on Law and Poverty, and a Founder of the Alliance for Children’s Rights
Member, California State Bar and the Bar of the District of Columbia

Recent Publications and Speaking Engagements

2024 - Speaker at ABA programs on arbitration, ACI Advanced Managed Care program, CCA programs on arbitration, California International Arbitration Week program
2023 – Speaker at ABA programs on arbitration, ACI Advanced Managed Care program, Pearlman Surety Conference
2022 - Speaker at ABA Dispute Resolution Section Spring Meeting; speaker at California International Arbitration Week; speaker at various programs on E-discovery; speaker on European webinar on Using Mediation to Resolve Business Interruption Disputes.
2020 and 2021 – Speaker on webinars presented by the ABA, Los Angeles County Bar Association, Intellectual Property Law groups (WIPL, LAIPL).
Speaker at the Emerging Issues Conference of the ABA Health Law Section (2016-2019); California Society of Health Attorneys Annual Meeting (2016, 2017); ABA Insurance Coverage Litigation Committee Conference (2017-2019)
“Uprooting the Decision Tree,” Advocate Magazine, CAALA, September 2018
“How Third-Party Funders change the Chemistry of Settlements,” Advocate Magazine, CAALA, September 2017
“A Special Master’s Role in Hospital Merger Cases,” LAW360 (2016)
Author, Updates to Rutter Group Employment Law Treatise, ADR chapter, 2012-2016
"Whose Arbitration is This, Anyway?", JAMS Global Engineering and Construction Newsletter, Fall 2013
"Litigation Solutions: Referees and Special Masters," Daily Journal, June 13, 2012
"It’s Time to Fix Arbitration Discovery," Los Angeles Lawyer, January 2010
"Ordered to arbitration? Take advantage!" Advocate Magazine, CAALA, September 2010
"As the Economy Stumbles, Employment Discrimination Claims Climb," Employment Law Strategist, Law Journal Newsletters, December 2008
Author or co-author of leading articles of ADR, international and domestic commercial arbitration and mediation, and managing costs in ADR; frequent trainer and lecturer on arbitration, mediation and e-discovery

ADR Profiles

"People Person," Daily Journal, ADR Profile, March 2, 2018
"Well Rounded," Daily Journal, ADR Profile, March 26, 2010

Background and Education

JAMS, 2006-Present
Associate General Counsel and Vice President, Southern California Edison and Edison International, 1999-2005
Partner at major international law firms (Morrison & Foerster; Paul Hastings; Fried Frank)
United States Department of Justice, Antitrust Division: various positions including Chief of the Los Angeles office, Trial Attorney, and Special Assistant to the Assistant Attorney General
Law Clerk to Judge Alfred T. Goodwin, United States Court of Appeals for the Ninth Circuit
J.D., cum laude, Harvard Law School

Editor, Harvard Journal on Legislation

BA, Economics and Mathematics, New College

Barbara A. Reeves Esq., CEDS

Representative Matters

Honors, Memberships, and Professional Activities

Background and Education

Counsel Comments

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