Sherman W. Kahn
Attorney at Law • Partner
Education
B.A., University of California, Berkeley
J.D., University of California, Berkeley, School of Law
Expertise
Technology Litigation • International Arbitration • Commercial Arbitration • Patent Litigation • Commercial Litigation • Copyright & Trademark Litigation • Date Security & Privacy • International Practice
Sherman 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 handled other litigation involving technological issues such as computer copyright, trade secrets, 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 the 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.
My Focus
-
Representative Matters
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
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
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.
-
Professional Admissions & Associations
New York State Bar
State Bar of California
DC Bar
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
Fellow, Chartered Institute of Arbitrators (FCIArb)
Fellow, College of Commercial Arbitrators
ICDR Panel of Arbitrators,
AAA Roster of Commercial Arbitrators
CPR Distinguished Panel of Neutrals
Korean Commercial Arbitration Board (KCAB International) Panel of Arbitrators
-
Publications & Presentations
Publications
Cybersecurity Ethics: Freedom to Ignore Cybersecurity Ethics is Not Free, CPR International Institute for Conflict Prevention & Resolution, Annual Meeting 2024
Will Patents be the Next Wave in Investor-State Arbitration, New York Dispute Resolution Lawyer, Spring 2014, Vol. 6, No. 1.
Practical Uses of ADR in Outsourcing Relationships, New York Dispute Resolution Lawyer, Spring 2011, Vol. 4, No. 1.
Arbitration at the Supreme Court (2011 to 2012 Term), New York Dispute Resolution Lawyer, Fall 2012
S. Kahn and D. Kiferbaum, Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service, New York Dispute Resolution Lawyer, Fall 2012
S. Kahn, E-Discovery Demystified for Arbitrators – Tips For How to Manage e-Discovery for Efficient Proceedings, New York Dispute Resolution Lawyer, Spring 2012
“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
“The Benefits of Mediation and Arbitration for Dispute Resolution in Intellectual Property Law,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2
“The Benefits of Mediation and Arbitration for Dispute Resolution in Outsourcing Agreements,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2
“Practical Uses of ADR in Outsourcing Relationships,” New York Dispute Resolution Lawyer, Spring 2011, Vol. 4. No. 1
Balancing Discovery with EU Data Protection in International Arbitration Proceedings, New York Dispute Resolution Lawyer, Vol. 3, No. 1, Spring 2010
-
Awards & Recognition
New York Super Lawyers 2009, 2014, 2015, 2016