SHERMAN W. KAHN has more than twenty years of experience with litigation and counseling in matters raising complex technological issues. He has litigated dozens of patent cases as well as handling other litigation involving technological issues such as computer copyright, trade secret and IT outsourcing disputes. He also has experience litigating “soft-IP” issues such as trademark and copyright.
Sherman’s practice is international. He practiced in Tokyo for five years. During that time he was licensed as a gaikokuho jimu bengoshi and a member of the Dai-Ni Tokyo Bar Association.
Sherman has litigated patent matters involving technologies, such as programmable logic devices, microprocessors and controllers, memory devices, construction equipment, medical devices, biotechnology, supercomputers, LCD & PDP display devices, LED Lighting, various computer software products, and networking technologies.
Sherman advises clients regarding information security and privacy issues for compliance and in privacy-related regulatory proceedings and litigation. He has represented clients in numerous FTC and state attorney general investigations of privacy and information security practices.
Sherman acts as an arbitrator and represents clients in international arbitration proceedings presenting complex technical and commercial issues and has arbitrated under the AAA, JCAA, ICC, and other arbitration and dispute resolution rules. The subject matter of these arbitrations has ranged from patent and trademark issues to IT outsourcing, construction, mining and commercial issues. He provides advice regarding clause drafting and pre-dispute issues in connection with major construction and infrastructure projects. He also provides advice to clients regarding structure of investments with respect to arbitration pursuant to bilateral investment treaties.
Sherman also acts as a mediator and assists counsel and parties with resolving complex technology disputes and other commercial issues.
Some of Sherman’s representative matters include:
- Patent Litigation
- On trial team for high‐profile plasma display case in the Eastern District of Texas leading to a jury verdict of approximately $60 million in favor of client.
- Obtained favorable settlement for defendant in patent litigation regarding video-conferencing.
- Defended numerous patent suits against non-practicing entities.
- Obtained stay in Eastern District of Texas pending Inter-partes reexamination leading to cancellation of all claims
- Commercial Litigation
- Defended Internet company against RICO and trademark claims in major international dispute
- Successfully dissolved temporary restraining order in case alleging trademark piracy and obtained favorable settlement for client
- Litigated IT contract matter to favorable settlement
- International Arbitration
- Secured favorable settlement for a European client on eve of arbitration hearing in a contract dispute against a major U.S. computer manufacturer.
- Obtained multi-million-dollar arbitration award for an international mining company against a major U.S.-based contractor
- Obtained favorable settlement in international arbitration regarding a consortium agreement in connection with construction of a steel mill in South America
- Acted as arbitrator in numerous matters including commercial, IT outsourcing, software development and patent licensing disputes.
Education
- University of California, Berkeley (B.A., 1989)
- University of California, Berkeley, School of Law (J.D., 1993)
Bar Memberships
- Admitted in New York, California, and District of Columbia
Arbitration and Mediation Panels
- International Centre for Dispute Resolution (ICDR) Panel of Arbitrators
- American Arbitration Association Roster of Commercial Arbitrators
- CPR Distinguished Panel of Neutrals.
- Panel of International Arbitrators, Korean Commercial Arbitration Board (KCAB) International
- Southern District of New York Panel of Mediators
- New York Supreme Court Commercial Division Panel of Mediators
- Silicon Valley Arbitration and Mediation Center Tech List
Professional Activities
- Chair, New York State Bar Association, Dispute Resolution Section (2014-2015)
- Member, International Arbitration Club of New York
- Member, CPR Institute Arbitration Committee
- Co-Chair Technology Committee, New York International Arbitration Center
- Director, member Tech-List, Silicon Valley Arbitration and Mediation Center
- Director, New York International Arbitration Center
Rankings
Sherman Kahn is recommended as a leading lawyer by Super Lawyers, 2009, and 2014 through 2016.
Select Publications
- Will Patents be the Next Wave in Investor-State Arbitration, New York Dispute Resolution Lawyer, Spring 2014, Vol. 6, No. 1. Download PDF
- Practical Uses of ADR in Outsourcing Relationships, New York Dispute Resolution Lawyer, Spring 2011, Vol. 4, No. 1. Download PDF
- Arbitration at the Supreme Court (2011 to 2012 Term), New York Dispute Resolution Lawyer, Fall 2012 Download PDF
- S. Kahn and D. Kiferbaum, Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service, New York Dispute Resolution Lawyer, Fall 2012 Download PDF
- S. Kahn, E-Discovery Demystified for Arbitrators – Tips For How to Manage e-Discovery for Efficient Proceedings, New York Dispute Resolution Lawyer, Spring 2012 Download PDF
- “Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen,” New York Dispute Resolution Lawyer, Fall 2011, Vol 4. No. 3 Download PDF
- “The Benefits of Mediation and Arbitration for Dispute Resolution in Intellectual Property Law,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2 Download PDF
- “The Benefits of Mediation and Arbitration for Dispute Resolution in Outsourcing Agreements,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2 Download PDF
- “Practical Uses of ADR in Outsourcing Relationships,” New York Dispute Resolution Lawyer, Spring 2011, Vol. 4. No. 1 Download PDF
- Balancing Discovery with EU Data Protection in International Arbitration Proceedings, New York Dispute Resolution Lawyer, Vol. 3, No. 1, Spring 2010 Download PDF
