RESUMES:

Full Curriculum Vitae

Commercial/ Employment

Mediation

ERISA/MPPAA

Labor Management


 

Mr. Brand has engaged in full time dispute resolution since 1983. A former negotiator and law professor, he has a varied national practice, ranging from arbitrating high profile individual disputes -- such as hockey player Petr Nedved’s eligibility to play in the IHL, to mediating high stakes public disputes – including the nation’s first “pay for performance” contract in the Denver City School District. He has been named a Northern California “Super Lawyer” in ADR every year since 2006.

Mr. Brand has arbitrated and mediated cases involving complex issues of law and large dollar amounts. His largest arbitration award resulted in payments of approximately $40 million. He served as sole arbitrator in a $50 million biotech case, and in many multi-million dollar pension cases. He has mediated multi-party disputes, including the model annual maintenance agreement for the Sacramento Delta, wage rates on the Bay Bridge construction project, and wage and hour class actions. He mediates and arbitrates executive compensation, ERISA, MPPAA, discrimination, statutory, and wrongful termination disputes involving Fortune 500 companies.

Mr. Brand has engaged in med-arb under statutory procedures involving state and federal entities, as well as in trust fund and trade secret cases. His primary practice is in labor and employment law, but he has also served on specialized panels requiring scientific literacy in biochemistry, medicine, and psychiatry, as well as an understanding of research and laboratory procedures. He serves on the Institutional Review Board of the University of California, San Francisco.

Mr. Brand is a Governor of the College of Labor and Employment Lawyers, a Fellow of the American College of Employee Benefit Counsel, a Fellow of the American College of Civil Trial Mediators, past President of the California Dispute Resolution Council, a member of the National Academy of Arbitrators, a Diplomate of the California Academy of Distinguished Neutrals, and a panelist for ADR Services, Inc. He is on the American Arbitration Association’s Employment, ERISA/MPPAA, Commercial, Large Complex Case, and other panels. Among his recent publications are: Discipline and Discharge in Arbitration, 2nd ed. (Washington: BNA, 2008), Labor Arbitration: The Strategy of Persuasion, 2nd ed. (San Francisco: 2006), How ADR Works (Washington: BNA, 2002), “and When Experts Testify: Exploiting the Advantages of Arbitration,” 4 ADR Currents 1 (Fall 1999). He is a contributor to ADR and Settlement,” in California Practice Guide – Employment Law (Rutter Group:2001) and Designing Integrated Conflict Management Systems, Cornell Studies in Conflict and Dispute Resolution, 2001).

Mr. Brand has a Ph.D. and JD. He has taught arbitration, negotiation, and mediation. He has taught neutrals for the American Arbitration Association, judges at the National Judicial College, and students as a Professor at Albany Law School and as an Adjunct Professor at Hastings College of the Law.