Paul Gupta

Paul R. Gupta has over 30 years of experience with arbitrations, mediations, jury trials, bench trials, and evidentiary hearings in technology and other matters. He serves as an arbitrator and mediator, and also represents parties in complex ADR and other proceedings, for the types of matters listed below. He is also a frequent lecturer on ADR issues. He was recently the chair and a speaker on “Arbitration and Mediation—Best ADR Practices for Successfully Resolving Disputes” at a Thomson Reuters webinar, and his co-speakers included the leaders of three ADR organizations. He also recently lectured on “Best Practices for Arbitrating Technology Disputes” at the American Arbitration Association and at the New York State Bar Association.

He is a member of the Executive Committee of the New York State Bar Association’s Dispute Resolution Section and is co-chair of its Technology Committee. He is also a member of the Programming Committee of the Silicon Valley Mediation and Arbitration Center (SVAMC).

His ADR and other matters involve a wide range of technology issues including cybersecurity, data breach, privacy, e-commerce, employment (including NDAs and statutory claims), IP, patents, copyrights, trademarks, trade secrets (including DTSA claims), fiduciary duties, corporate governance and Boards, M&A, acquisitions, earn-out and contract issues. He also frequently handles computer-based issues involving loT, connected devices, computer hardware and software, internet, computer service and outsourcing contracts (including performance criteria, compatibility, SOWs and indemnities), cloud computing, robotics, autonomous vehicles (AVs), smart cities and smart contracts. He is also actively involved with new technologies in the areas of Al, telecom (including 5G), cleantech (including biofuels, solar and EVs), aviation technology (including drones), FinTech, and medical devices. He also has extensive experience with unfair competition and antitrust.

He has also has extensive experience with bankruptcy, receiverships and restructurings. He has handled a variety of issues arising from bank failures, FDIC takeovers and bridge banks. He has been lead counsel on over 60 such matters.

He has been the chair and a speaker for the past six Thomson Reuters Annual Webinars on “Cybersecurity and Privacy Best Practices” and continues as the chair and a speaker. His experience with cybersecurity includes data breach liability and mitigation, as well as the responsibilities of corporate officers and Boards.

He has lectured at the RSA Cybersecurity Conference, the Commonwealth Club, and client sites on “Smart Cities, Smart Cars, Smart People: Hope or Hype?” At the RSA Conference, his co-speakers were two Generals, including the former National Security Advisor to the President and the Supreme Allied Commander Europe.

He has lectured on cybersecurity, IP and commercial issues at leading industry conferences, including the Stanford E-Commerce Best Practices Conference. He has also published articles in the Thomson Reuters FinTech Law Report, the BNA Patent, Trademark and & Copyright Journal, and the European intellectual Law Review.

His decades of hands-on experience has resulted in his development of effective techniques for fact-finding and applying the laws to the facts, including separating reliable evidence from “junk science.” He has extensive experience with expert testimony involving technology issues, as well as damages and forensic accounting. He also has extensive experience with e-discovery, and evidence in CAD and other electronic formats. In addition, he has handled cases that have helped to develop the legal standards for privilege issues, including attorney-client, work product and common interest privileges.

Further information about Mr. Gupta can be found in Chambers USA, SuperLawyers and Who’s Who in the World. According to Chambers, he is an “expert in cybersecurity” and “renowned for his work in the technology arena”.

LEADING SPEAKING ENGAGEMENTS

• Arbitration and Mediation—Best ADR Practices for Successfully Resolving Disputes (Thomson Reuters Webinar, 2022)–chair and speaker (co-speakers included leaders of three ADR organizations).
• Best Practices for Arbitrating Technology Disputes (American Arbitration Association, 2022; New York State Bar Association, 2023)–speaker.
• Cybersecurity and Privacy Best Practices (Thomson Reuters’ Annual Webinar, upcoming in 2023)–chair and speaker since 2014.
• The Use of AI in Discovery for Arbitration and Litigation (New York State Bar Association, upcoming in 2023).
• Smart Cities, Smart Cars, Smart People: Hope or Hype? (The Commonwealth Club, 2019)–chair and speaker; (RSA Conference, 2019)—speaker (co-speakers included two Generals).
• Smart Contracts & Third Party Relationships – Best Practices and Common Pitfalls (Stanford Law School E-Commerce Best Practices, 2019)–speaker.
• Data Breach Responses: Proven Strategies for Legal and Technical Teams (CLE, 2017)–speaker.
• Patent Remedies (including injunctions): The Aftermath of Recent Federal Circuit Decisions (PLI, 2016)–speaker.
• Parallel Patent Office Proceedings, including IPRs (PLI, 2015)–speaker.
• Electronic Discovery: What Corporate and Outside Counsel Need to Know (PLI, 2014)–speaker.
• Building & Investing in Green Technology Companies (PLI, 2010)–speaker.
• Resolving Technology and Media Disputes Before Trial (PLI, 2008)–speaker.

LEADING PUBLICATIONS

• Cybersecurity: What Every Board Should Know and Do (Thomson Reuters FinTech Law Report).
• License Agreements in Bankruptcy After SCOTUS Ruling (Bloomberg Law Newsletter).
• Supreme Court Significantly Changes Rules for Aftermarket Sales (Patent Trademark & Copyright Journal (BNA)/Bloomberg Law).
• United States Adopts a More Flexible Approach to Obtaining Attorneys’ Fees in Patent Cases: Octane Fitness LLC v. Icon Health & Fitness Inc and Highmark Inc v. Allcare Health Management System Inc. (European Intellectual Property Review).