Denise Madigan, Esq.
PROFESSIONAL LEGAL EXPERIENCE
Ms. Madigan practiced law with Arnold & Porter in Washington, D.C.,
where she concentrated in intellectual property law, focusing on
copyright, trademark, licensing, unfair competition, rights of
privacy/publicity and patent misuse. She also has practice experience in
the areas of communications, government contracts and antitrust law.
Prior to joining Arnold & Porter, Ms. Madigan served as Associate
Director of the Harvard-MIT Public Disputes Program, and as a research
analyst for Urban Systems Research & Engineering, a private consulting
firm.
PROFESSIONAL MEDIATION EXPERIENCE
Ms. Madigan has been a professional mediator since the early 1980s.
Over the past twenty years, alone, she has mediated an extraordinary
array of cases. The following is just a sampling:
Commercial contract disputes involving a variety of products and
services, including the provision of computer hardware and software
systems.
Entertainment disputes involving copyrights, record deals, radio
advertising, television contracts and intra-band relationships.
The reorganization of assets worth over one billion dollars among
thirty utility cooperatives.
A dispute between utilities involving highly technical issues
regarding the measurement of product traveling through pipelines.
Shareholder/directors' suit involving medical computer technology that
was among the most sophisticated in its market.
Patent infringement dispute involving high-tech and major
entertainment companies.
Multi-party trade dress, false advertising dispute involving millions
of dollars in disputed revenues/damages.
Superfund (CERCLA) allocation dispute involving over thirty municipal
and industry PRP's.
Hospital reimbursement dispute with major insurer.
Legal malpractice dispute surrounding the provision of trusts and
estates advice.
Will contest involving complex family and business issues in an estate
worth tens of millions of dollars.
Bankruptcy of a major national retailer, involving hundreds of
millions of dollars.
Over thirty personal injury cases arising out of a major train
accident.
A wide range of injury cases under the Federal Employers Labor Act (FELA).
Internal workplace disputes in a federal enforcement agency.
Ms. Madigan is also one of the country's foremost mediator-facilitators
for complex public policy disputes. Examples of cases she has mediated
or facilitated include the following:
A two-month facilitated dialogue surrounding targeted legislative
reform to the Resource Conservation and Recovery Act (RCRA).
A two-year negotiated rulemaking effort by the U.S. Environmental
Protection Agency (EPA) surrounding the proposed redefinition of federal
hazardous waste identification rules.
Internal workgroup discussions within EPA surrounding the
privatization of wastewater treatment facilities.
Facilitated workshops for the Federal Trade Commission to organize
public comments on proposed energy efficiency labeling rules and
environmental labeling rules.
A several month process involving representatives for 50 state
agencies to discuss new allocation formulas for federal energy
assistance funds.
A facilitated workshop with members of a trade association seeking
consensus-based revisions to its ethical standards for member
organizations.
A facilitated workshop for manufacturers from around the world
regarding product recycling issues.
Participants in these processes have included high-level representatives
from federal, state and local agencies, from a wide variety of
businesses and trade associations, and from non-profit and public
interest groups reflecting consumer, scientific, environmental and/or
environmental justice concerns.
SUMMARY OF OTHER RELEVANT DISPUTE RESOLUTION EXPERIENCE
Ms. Madigan is currently a Senior Fellow and an Adjunct Professor of Law
at Pepperdine Law School, where she is affiliated with the Straus
Institute for Dispute Resolution since 1996. She currently teaches
semester courses in Mediation and ADR, as well as in-service training
for sitting and former judges and practicing attorneys. Ms. Madigan is
also a Visiting Professor at Shantou University in Shantou, China, and
has also taught at the City University in Hong Kong and Hong Kong
University over the past several years. In addition, Ms. Madigan has
been called upon by corporations, government agencies, law firms and
other organizations over the past twenty years to assist them in
designing and delivering special seminars, training programs and
training materials in negotiation, arbitration, and mediation. Courses
and workshops have included:
Negotiation for Lawyers
Negotiation for Executives
Negotiation for Managers in the Public Sector
Negotiation and Settlement for Insurance Professionals
Gender Issues in Negotiation
Alternative Dispute Resolution
Mediating Litigated Cases
Mediation for Judges (sitting & retired)
Mediating Patent Disputes
Mediating Trademark Disputes
Mediation Advocacy
Arbitration Advocacy
Environmental/Public Policy Dispute Resolution
Consensus-Building in the Public Sector
Many of Ms. Madigans teaching materials are now used by universities
and ADR providers across the country. Courses she has designed and/or in
which she has lectured have been conducted for numerous entities over
the years, including:
The Administrative Conference of the United States (ACUS)
Federal Judicial Center
U.S. District Court and Superior Court programs in Los Angeles,
Riverside and Orange Counties
California Judicial Council
U.S. Department of Energy
U.S. Department of Justice
American Intellectual Property Law Association
International Trademark Association
American Bar Association and the State Bar of California
Axel Johnson, Inc.
MCI Communications, Inc.
Oregon Department of Land Conservation and Development
Banff Centre for Management (Banff, Alberta, Canada)
Hogan & Hartson
Steptoe & Johnson
McDermott, Will & Emery
Shaw, Pittman, Trowbridge & Potts
Program on Negotiation at Harvard Law School
Bank of America
Farmers, State Farm, AIG, CNA and other nationwide insurance companies
PUBLICATIONS
Primer on ADR for Intellectual Property Disputes (co-author with J.
Kichaven and T. Arnold, published by the ABA Section on Dispute
Resolution in 2000).
Various articles in the Los Angeles Daily Journal (a publication for
attorneys) regarding mediation and other ADR issues. 1997 - present
At the Table: Advanced Mediation Advocacy (published by
JAMS/Endispute for use in its national ADR training programs). 1996
Consensus, several columns on "Update on ADR in the Federal Government"
(published by the MIT-Harvard Public Dispute Resolution Program). 1994
New Approaches to Resolving Local Public Policy Disputes (with McMahon,
Susskind & Rolley) (published by the National Institute for Dispute
Resolution). 1990
AWARDS
Recipient of research/writing grant from the National Institute for
Dispute Resolution (1984)
Recipient of Honorable Mention from the Center for Public Resources for
article entitled "New Approaches to Resolving Disputes in the Public
Sector" (The Justice System Journal, Summer 1984, co-authored with L.
Susskind). 1985
Best Lawyers in America, since 2006
California Super Lawyers, since 2007
The Hollywood Reporters Power Mediators 2009
APPOINTMENTS
LOS ANGELES POLICE COMMISSION, BOARD OF RIGHTS (heard disputes regarding
allegations of police misconduct as part of 3-person administrative
panel) 1997-1999
SUMMARY OF EDUCATION
J.D. Harvard Law School, cum laude; Editor, Harvard Law Review,
Winner, Williston Negotiation Competition (Best Agreement)
M.P.P. Kennedy School of Government, Harvard University
B.A. Northwestern University, Phi Beta Kappa, Best Thesis in Economics
Award, Governors Leadership Award
MEMBERSHIPS (current)
Bars of California (active) and the District of Columbia, New York &
Massachusetts (retired).
International Academy of Mediators, Distinguished Fellow
Straus Institute for Dispute Resolution, Senior Fellow and Adjunct
Faculty
Shantou University, Shantou China, Visiting Faculty
American Bar Association
This page was last modified in July 2009
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