PAUL GUPTA

Arbitrator | Mediator

Biography

Paul Gupta has been described by Chambers USA as a “strong strategist” and a “great negotiator,” “renowned for his work in the technology arena,” who handles matters “involving hi-tech, software and internet-related patents” and is “an expert in cybersecurity.” He is a member of the panels of three arbitration associations, including Alterity.

Mr. Gupta regularly lectures at leading programs. His most recent program was a webinar that he organized for Thomson Reuters on “Arbitration and Mediation: Best ADR Practices for Successfully Resolving Disputes.” His panelists included Marcie Dickson, and he presented on “Arbitration of Technology Disputes.” He has also lectured often on IP litigation, including on PLI panels with Judges. For the past six years he has been the Chair of Thomson Reuters’ Annual Webinar on “Cybersecurity and Privacy Best Practices,” and is planning the Seventh Annual Webinar. He has lectured on “Smart Cars, Smart Cities, Smart People: Hope or Hype” at the RSA Conference (on a three-person panel with two former Generals), and at the Commonwealth Club in San Francisco (one of the nation’s best-known forums for thought leaders). His presentations cover technology, national security and ethics issues. He frequently lectures on technology and commercial issues at other leading industry conferences, including the Stanford E-Commerce Best Practices Conference.

His notable matters include intellectual property disputes, including patent, copyright, trademark and trade secret claims, as well as commercial disputes. He also handles tech-focused disputes involving cybersecurity, privacy, AI, loT and connected devices, autonomous vehicles, internet, cloud computing, licensing, computer service contracts and outsourcing (including performance criteria, compatibility, SOWs and indemnities), supply chain agreements, and smart contracts. His extensive experience with cybersecurity matters includes data breach liability and mitigation, as well as responsibilities and liability of corporate officers and Boards. 

The parties in Mr. Gupta’s matters include industry leaders and emerging companies in computer software and hardware, cybersecurity, ecommerce, IT, financial services, telecommunications, automotive and medical devices. The parties in Mr. Gupta’s matters also include VCs and other investors.

He also handles the IP, liability and contractual issues for alternative energy and cleantech clients (including EVs, biofuels and solar) and energy management. He also has experience with aviation technology, including drones. 

He also handles disputes arising from M&A deals and joint ventures, including resolving IP ownership issues and earn-out payments, as well as non-competition and antitrust issues.

Education
  • J.D Harvard Law School
  • B.A Yale University
  • Court Admissions
  • State of Massachusetts
  • State of New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Legal Employment
  • Partner - Rimon PC, Oct 2021 - Present
  • Partner, Reed Smith LLP
  • Partner, Orrick, Herrington & Sutcliffe
  • Partner and Practice Leader, Mayer Brown
  • Publications & Speaking Engagements
  • 1st-7th Annual Cybersecurity and Privacy Best Practices Update, Chair (Thomson Reuters, 2014-2019, 2022).
  • Smart Cities, Smart Cars, Smart People: Hope or Hype?, Chair (RSA Conference; Commonwealth Club, 2019).
  • 16th Annual Stanford Law School E-Commerce Best Practices Conference. “Smart Contracts & Third Party Relationships–Best Practices and Common Pitfalls.” (2019)
  • Data Breach Responses: Proven Strategies for Legal and Technical Teams (CLE, 2017).
  • Patent Litigation 2016 Patent Remedies: The Aftermath of Recent Federal Circuit Decisions (PLI, 2016).
  • Parallel Patent Office Proceedings, including IPRs (PLI, 2015).
  • Electronic Discovery: What Corporate and Outside Counsel Need to Know (PLI, 2014).
  • Building & Investing in Green Technology Companies (PLI, 2010).
  • Resolving Technology and Media Disputes Before Trial, Co-Chair (PLI, 2008).
  • “Cybersecurity: What Every Board Should Know and Do,”(Thomson Reuters FinTech Law Report 2018).
  • “Supreme Court Significantly Changes Rules for Aftermarket Sales,” Patent Trademark & Copyright Journal (BNA)/Bloomberg Law (2017).
  • “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 (2014).
  • experience

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