EXPERTISE
Including the full spectrum of US and international disputes: intellectual property, antitrust, securities, consumer class actions, environment, and contracts.
AUTHOR
Holding the Calm, The Secret to Resolving Conflict and Defusing Tension
COUNSELOR TO THE DEAL
Mediator and Negotiator with National/International practice. For over 30 years, has successfully settled and resolved cases for thousands of parties; specializes in complex, multi-party, intellectual property and commercial cases. Among the more noteworthy cases she has resolved are:
Massive pharmaceutical inventorship dispute, nine figure settlements over significant telecommunication patents for major cell phone carriers; mass computer systems patent infringement suits; patent infringement and theft of trade secrets for fortune 500 cosmetics companies; highly specialized design patents in competitive lighting industry; major hospitals fighting over trademarks and branding; Two telecom giants fighting over essential trademarks; eight party construction dispute over large building roof cave-in; death, brain damage and breast implant cases; asbestos litigation involving massive insurance claims; airplane crash case involving army reserve officers; large employment class actions; municipalities involved in heated political firings; disability access cases against municipalities; responsibility over a major nine figure environmental cleanup site; internal law firm disputes for national firms; emotional and political fights over teaching the Bible in public schools in Texas; established management-union partnership councils at four VA medical centers, resolved 25 year court desegregation order for a Texas community, antitrust and securities fraud matters among corporate interests, high profile software litigation among confidential parties, massive trade secret cases over the secret recipe for a popular, famous product, among others.
INTERNATIONAL WORK
Invited to speak on negotiation at the 2001 International Symposium on Negotiation and Conflict Resolution, in The Hague, Netherlands. Experience with individuals and companies in Taiwan, China, Thailand, Japan, Sweden, United Kingdom, India, Mexico, Israel and Viet Nam. Have conducted mediations in China, the U.K., Mexico, Canada, and throughout the United States for domestic and international parties.
PRIVATE NEGOTIATOR/SETTLEMENT COUNSEL/NEUTRAL CASE EVALUTION
Handled negotiations for private parties or shadow consult on large deals to maximize negotiation position and results. Clients are confidential, private references available upon request.
ARBITRATOR
Served as solo arbitrator and on panels for parties requiring keen insight, an attention to detail and a prodigious work ethic. Specializes in conducting an expedient hearing that is procedurally sound but efficient and cost effective. Respectful of the parties and considerate of Counsel with reasoned awards.
FORMER TRIAL LAWYER
Handled complex commercial litigation for Hopping, Boyd, Green & Sams in Tallahassee, Florida; Boyd & Dubose in Dallas, Texas; and Abrams & Abrams in Dallas, Texas. Law clerk to Federal Judge Maurice Paul, ND, FL.
PROFESSIONAL AWARDS & ASSOCIATIONS
2022 member of the National Academy of Distinguished Neutrals
2021, 2022 Top Rated Lawyer, Corporate Counsel
AV Rating, Martindale-Hubbell, awarded to attorneys who have been rated by their peers with the highest possible rating for legal ability and ethical standards
2021 Women Leaders in The Law based on Martindale-Hubbell AV rating through ALM.
2011 Martindale-Hubbell Register of Preeminent Women Lawyers, awarded to women attorneys who have achieved the highest possible rating in both legal ability and ethical standards from their peers
Board member - Texas Appleseed, A Public Interest Law Center
Best Lawyers in Dallas, D Magazine
National Panel - Dow Corning Breast Implant Cases
Chair - Texas Bar Intellectual Property ADR Committee, 2007-2008
Chair - North Texas Patent Task Force, Created Ten Point Plan for patent case management, 2007
Appointed - Delegate Fifth Circuit Judicial Conference, 1988, 1990, 2002, Speaker 2005
Elected Fellow - Texas Bar Foundation - 2006
Legislative Task Force on ADR - Co-Drafted landmark ADR law in Texas creating an effective statewide mediation program. S.B. 1436, Chapter 154, Texas ADR Act
Pro Bono Award, Legal Services Corp. - Dallas, Texas 1986 & 1988
Steve Brutsche’ Award for Excellence - Association of Attorney Mediators, 1988
Kick Boxing Champion 1998 - Dallas city-wide tournament
PUBLICATIONS
“The Art of the Deal, Deal Mediation”, Indian Institute of Arbitration and Mediation, 2010, http://arbitrationindia.com/pdf/tia_latest.pdf; “The Art of the Deal” for ABA web teleconference "Deal Mediation”; February 6, 2008; “The Art of the Deal”, Netherlands-Vlaams Journal for Mediation and Conflict Management: 2008, www.bju.nl; The Sandwich Technique, 3:1 The ADR Report (Spring 1994); Mediation of Claims Involving Insurance Companies, 2:1 The ADR Report (Fall 1993); The Magic of Conflict 2:1 The ADR Report (Fall 1993); Mediation-Makes Your Practice More Profitable, 23 Texas Lawyers Forum 4 (1989); Combined Processes (mediation, arbitration, & other ADR procedures), Second Handbook of Alternative Dispute Resolution – Powerful Tools in the Attorney’s Arsenal, Dallas Training Materials (1988); Mediation as an Effective Settlement Tool, Texas Trial Lawyers Forum (1988); Mediation of Claims Involving Insurance Companies, 52 Texas Bar Journal 1 (1988); Insurance Mediation, Handbook of Alternative Dispute Resolution – New Horizons for the Texas Judicial System, State Bar of Texas (1987); Leon Co. Lawyer’s Handbook – Civil & Criminal Actions in Circuit and County Courts, A Lawyers Guide, Sept. (1982), (1990-2003) designed and wrote outstanding training manuals/materials utilized in seminars and training for federal and state courts, bar associations and corporations.
ARTICLES
Mediation of Intellectual Property Disputes
The Art of the Deal --- “Deal Mediation”
Private Tête-à-Tête In Settlement Negotiations
Why Mediation Works
Anatomy of a Mediation: What to Expect, How to Prepare & How to Win
Thirteen Objections to Mediation & Thoughtful Responses
Positivity: We Are Better Than We Think We Are
EDUCATION
Florida State University College of Law, Tallahassee, FL (f/k/a Lila Abrams)
J.D. with Honors, Dec. 1981
University of Florida, Gainesville, FL B.A., August 1978
Texas Bar 1984; Florida Bar 1982
ADDITIONAL SKILL SET
Worked with those who are dying through Hospice organizations and conducted Suicide Crisis Telephone counseling in Dallas and hospital chaplaincy at Cedars Sinai in Los Angeles. This highly developed psychological skill set is instrumental in the ability to craft agreements with the most intense personalities, emotions and complex situations.
Click here to download Hesha's full CV