Paul R. Gupta

Mr. Gupta has over 35 years of experience with arbitrations, mediations, jury trials, and evidentiary hearings in technology and other matters. He serves as an arbitrator and mediator in many jurisdictions. He is a member of the following AAA Panels: Large Complex Cases, Employment, Technology, Cybersecurity, IP, and Commercial. He is also a member of a SVAMC committee, and a member of the NAM/Tapestry ADR panel. In addition, he represents claimants as well as respondents in complex proceedings. According to Chambers USA, he is “renowned for his work in the technology arena” and “an expert in cybersecurity.”

He serves as co-chair of the Technology Committee of the NYSBA’s Dispute Resolution Section, and is a member of its Executive Committee. He was a speaker in the NYSBA DRS series on “Habits of Highly Effective Dispute Resolvers.” He was the chair and a speaker for Thomson Reuters’ Webinar on “Arbitration and Mediation–Best ADR Practices for Successfully Resolving Disputes.” The co-speakers included leaders of three ADR organizations. He is also a regular speaker for programs sponsored by the AAA, NAM, West LegalEd, and others.

He was a panelist for AAA’s Webinar on “Arbitration and Mediation” (the co-speakers included two AAA Vice Presidents). He presented webinars for the AAA and for the New York State Bar Association on “Best Practices for Arbitrating Technology Disputes.” He was invited by PLI to be the co-chair of its conference on “Resolving Technology and Media Disputes Before Trial.” He has lectured frequently at conferences and at client sites on using ADR to resolve technology and other disputes.

He was chair and a speaker for the past six years at the Thomson Reuters’ Annual Webinar on “Cybersecurity and Privacy Best Practices” and continues as chair and speaker. He has lectured at the RSA Conference, the Commonwealth Club, and client sites on “Smart Cities, Smart Cars, Smart People: Hope or Hype?” His co-speakers included business leaders, technologists, and 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 Bloomberg Law Newsletter, and the European Intellectual Property Review.

He handles ADR and other matters involving cybersecurity, data breach, privacy, e-commerce, employment (including NDAs and non-compete agreements), IP, patents, copyrights, trademarks and trade secrets (including DTSA claims), fiduciary duties, corporate governance and Boards, M&A, acquisitions, earn-out, accounting, and contract issues. He frequently handles computer-based issues involving, AI, 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 has extensive experience with disputes involving energy (including nuclear, biofuels, solar, and EVs). He also handles issues relating to FinTech, telecom, medical devices and aviation. He is regularly involved with cases about unfair competition and antitrust. He also has extensive experience with bankruptcy, receiverships, and restructurings. He has handled a variety of issues arising from bank failures and FDIC takeovers.

He has decades of hands-on experience that has resulted in the development of effective techniques for fact-finding and applying the laws to the facts in arbitrations and trials, 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. He has extensive experience with privilege issues including attorney-client privilege, work product, and common interest privileges.

He is a graduate of Yale College (Phi Beta Kappa) and Harvard Law School. Further information about him can be found in Chambers USA, SuperLawyers, and Who’s Who in the World.

SPEAKING ENGAGEMENTS

• AI in Mediation (New York State Bar Association, 2024) — speaker
• Tech Expo (American Arbitration Association, 2024) — co-organizer and speaker
• Digital Dilemmas: Adapting Arbitration to Technology Evolution (New York Arbitration Week, 2023) — speaker.
• International Arbitration (TransPerfect, 2023) — speaker
• Web3’s Impact on Arbitration and Mediation (The Second Global Law Symposium & Tech Summit, 2023) — speaker.
• The Habits of Highly Effective Dispute Resolvers (New York State Bar Association, 2023) — speaker.
• Technology Impacts Us All: Join a Discussion with Four NYSBA Technology Committees (New York State Bar Association, 2023) — chair and speaker.
• Best Practices for Arbitrating Technology Disputes (American Arbitration Association, New York and San Francisco Offices, 2023) — speaker.
• Deep Dive into the Metaverse (New York State Bar Association, California Lawyers Association, et al., 2023) — speaker.
• Resolving Technology Disputes through Arbitration and Mediation (National Arbitration and Mediation, 2023) — speaker.
• Global Litigation and eDiscovery (Global Legal ConfEx, 2023) — speaker.
• The Use of AI in Discovery, including Experts (New York State Bar Association, 2023) — speaker.
• AI Admissibility and Use at Court Hearings and Trials (New York State Bar Association, 2023) — speaker.
• Cybersecurity and Privacy Best Practices (Thomson Reuters’ Annual Webinar, 2014-2023) — chair and speaker.
• 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).
• Smart Cities, Smart Cars, Smart People: Hope or Hype? (The Commonwealth Club, 2019) — chair and speaker; (RSA Conference, San Francisco, 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.

PUBLICATIONS

• “Cybersecurity: What Every Board Should Know and Do” (Thomson Reuters Fin Tech Law Report).
• “License Agreements in Bankruptcy” (Bloomberg Law Newsletter).
• “Supreme Court Significantly Changes Rules for Aftermarket Sales” (Bloomberg Law Newsletter).
• “Obtaining Attorneys’ Fees in Patent Cases” (European Intellectual Property Review).