Panellists

Jon Lang

REPRESENTATIVE MATTERS [fa icon="caret-right"]

Jon Lang has mediated many disputes, both in the U.K. and overseas, in a wide variety of areas. Recent examples appear below:

Banking and financial services

  • A claim between a high net worth individual and a private bank concerning the devaluation and exit from an investment fund (c.£12 million)
  • An Inter-bank dispute in relation to security held by each (c. £2 million)
  • An action brought by a bank to enforce several guarantees given by directors of a business (c. £3 million)

Boardroom disputes

  • A dispute between an advertising company and former/present directors concerning restrictive covenants, alleged misuse of confidential information, etc (c. £1m)
  • A claim against a former director for breaches of fiduciary and statutory duties, and dishonest assistance and knowing receipt
  • A case involving UK and US proceedings and concerning restrictive covenants of senior directors leaving a multinational company and setting up in competition
Commercial Fraud
  • A claim by a major banking institution against companies and individuals involving allegations of bribery, breach of fiduciary duty and breach of contract (c. £7 million)
  • Litigation arising out of a failed property development company in which unsuspecting parties invested in non-existent property (c.£3 million)
  • A multi-party action arising out of the alleged diversion of opportunities to directors of a financial services business, including tracing claims against third parties (c. £6 million)
Competition
  • A mediation of a parallel imports/exhaustion of rights case concerning the importation of new and reengineered computing equipment into the EC
Confidential Information
  • A multi-party mediation concerning the misuse of confidential information, breach of fiduciary obligations and breach of contract (c. £1 million)
  • A confidential information dispute in the healthcare sector arising out of the departure of minority shareholders/directors
  • A three day mediation arising out of a breach of confidence dispute which included an exercise
Construction & Engineering
  • A multi-party dispute arising out of the construction of a port (c. £2.5 million)
  • A dispute arising out of the refurbishment of, and extension to a major London department store (c. £12m)
  • A mediation between a construction company and a museum arising out of the construction of a new wing (c. £10m)
  • A dispute between a construction company and quantity surveyor acting as contract administrator arising out of the alleged over-valuation of works (c. £400k)
Defamation
  • Defamation and malicious falsehood claims arising out of a radio broadcast (c. £2m)
  • A dispute arising out of publication in print and online of allegations of professional misconduct
Employment
  • A dispute between a former senior executive of a financial institution involving restraint of trade issues and money due under various share and executive plans (c. £2 million)
  • An unfair dismissal claim brought by a senior employee arising out of alleged protected disclosures, also involving a defamation claim
  • A claim by a group of employees for unfair dismissal, age discrimination, unlawful deduction of wages and failure to inform and consult under TUPE
Film and entertainment (including gaming)
  • A dispute arising out of the development, production, distribution and marketing of a series of films in the animation sector (£8 million)
  • A dispute between a film production company and an advertising agency concerning the making of a film for a major high street chain store (£750k)
  • A dispute between a software house and a gaming TV channel over the running of a gaming platform and revenue sharing arrangements (c. £500k)
Insolvency
  • An action brought by liquidators against former directors alleging undervalue transactions, wrongful payment of dividends and repayment of loans (c. £1.5 million)
  • A claim by liquidators against various professional services firms arising out of the collapse of a litigation funding scheme (c. £12 million)
Insurance
  • A dispute involving a high street chain store and an insurance company concerning the selling of payment protection and other insurance policies (c. £900k)
  • A dispute between a public body and an insurer concerning a failed claims handling project
  • A mediation arising out of a collective conditional fee agreement between solicitors and legal expenses underwriters (c.£4 million)
Intellectual Property – Trade Marks
  • A trade mark dispute between two household name technology companies arising out of their respective development of sub-brands
  • A trade mark dispute concerning a ‘split’ trade mark, involving multiple jurisdictions and trade mark revocation, opposition and infringement proceedings in each (c. £2million)
  • A dispute over ‘switch selling’ of alcoholic beverages giving rise to trade mark infringement and passing off claims
  • A trade mark licensing dispute between a major chain store and a well-known brand owner over the manner in which the trade mark was used/developed (c. £5 million)
Intellectual Property – Copyright
  • A multiparty dispute concerning the exploitation of sound recordings and the back catalogue of a major rock star
  • A dispute concerning ownership/joint ownership of code and artwork for an internet portal
Intellectual Property – Design Right
  • A dispute between competitors in the luxury goods market concerning community and national registered and unregistered design right
Intellectual Property – Patents
  • A patent entitlement/joint inventorship claim in relation to a product in the consumer electronics field
  • An employee invention claim under section 40 Patents Act 1977 (c. £2million)
  • An patent infringement/invalidity dispute in the manufacturing sector
International Trade
  • A two-day mediation concerning a long-term raw material supply contract (c. £40 million)
  • A multi-party, multi-jurisdictional dispute concerning the supply of raw materials involving issues of foreign law liens, guarantees, reservation of title, etc (c. £1.5million)
IT/Technology/Telecoms
  • A two-day mediation concerning a master software licence and services agreement in the financial services field involving a foreign public corporation (c. £70 million)
  • A mediation in Washington D.C. arising out of a dispute in the insurance sector following a merger and concerning the scope of a licence agreement (c. £15 million)
  • A mediation over 4 days arising out of the implementation of a CRM system (c. £1.4 billion)
  • A dispute concerning a failed development of a new telecoms service (c. £500k)
Outsourcing
  • A dispute between a retailer and service provider operating a call centre and warehousing facility concerning service level agreements, charging structures and termination
  • A mediation involving a major airport arising out of an outsourcing contract (c £2.5million)
Partnership
  • A dispute involving the expulsion of a partner from a 20+ partner solicitors practice, involving issues of compensation, profit share and client retention
  • A claim by a former partner of an accountancy practice based on misrepresentation, misapplication of capital and continuing obligations under guarantees (c. £750k)
Professional Negligence
  • An architects negligence action brought by a prime contractor on a large inner city development project (c. £10 million)
  • A solicitors negligence action arising out of the sale of land and the adverse impact of various overage provisions (c. £500k)
  • An accountants negligence action arising out of tax advice given on the structuring of a share option plan (c. £1.5 million)
  • A claim brought by a lending bank against valuers for overvaluation of land and its development potential (c. £3 million)
Property
  • A landlord and tenant case between a public authority and a commercial entity concerning alleged breaches of covenants, applications for a new tenancy, etc (c. £100k)
  • A multi-party mediation between owners of a property portfolio (c. £3million)
  • A multi-party dispute involving disputed boundaries (c. 200k)
Shareholder claims
  • A dispute between two publishing houses with shareholdings in a joint venture and concerning corporate oversight, director’s appointments, etc (c. £30 million)
  • Minority shareholder actions brought by various family members following the death of the company’s founder, involving complex valuation issues, buy-out proposals, etc (£5 million)
Sports
  • A mediation between the governing body of a sport and a PR company concerning sponsorship for tournaments in the UK and overseas (c. 250k)
  • A dispute between a major football club and a sports agent (c. £500k)
  • A breach of contract claim arising out of the broadcast of a major sporting event (c.100k)
Trusts & Probate
  • A claim by executors of an estate, supported by charity beneficiaries, against family members alleging undue influence in relation to certain life-time transactions (c. 800k)
  • A dispute between beneficiaries over the precise scope of bequests of land
Other types of mediations
  • Agency - a dispute arising out of the termination of an agency agreement in the field of radio advertising (c. £1.5m)
  • Art and cultural heritage - a claim arising out of a high profile auction concerning its marketing, cataloguing of articles, disputed provenance, etc (c. £5 million)
  • Defense & Aerospace - a mediation concerning aircraft leasing and asserted liens (c.400K)
  • Distribution agreements – a dispute concerning an exclusive distribution agreement in the automotive sector (c. £1 million)
  • Fatal accidents - a fatal accident claim arising out of an aircraft crash (c. £2 million)
  • Franchising - a dispute between an international franchisor and one of its franchisees operating in a number of jurisdictions (c. £4 million)
  • Mergers & Acquisition - a claim under a share purchase agreement involving allegations of non-disclosure and breaches of warranty (c. £1.5 million)
  • Sale of goods - a dispute between a food retailer and beverages manufacturer arising out of a long term supply agreement (c. £2.5 million)
HONOURS, MEMBERSHIPS AND PROFESSIONAL ACTIVITIES [fa icon="caret-right"]
  • Immediate past Chair, Mediation Committee of the International Bar Association (and former editor of the IBA Mediation Newsletter)
  • Vice-Chair, American Bar Association’s International Mediation Committee
  • Member, CPR’s Panel of Distinguished Neutrals
  • Member, INTA’s Panel of Neutrals
  • Member, WIPO’s Panel of Neutrals
  • Member, Court of Appeal Mediation Scheme (CAMS) panel of mediators
  • Member, Chartered Institute of Arbitrators (CIArb) and its panel of mediators
  • Member, MATA’s teaching faculty for the CIArb mediation training course
  • Former member, legal scrutiny committee of the Futures & Options Association
  • Law Society accredited civil and commercial mediator
  • Author, “A Practical Guide to Mediation in Intellectual Property, Technology and Related Disputes,” Sweet & Maxwell, 2006
  • Author of various papers and articles on a wide range of subjects including ADR
BACKGROUND AND EDUCATION [fa icon="caret-right"]
  • Independent Commercial Mediator, May 2005-present
  • Partner, White & Case, 1999-May 2005
  • Partner, Llewelyn Zeitman, 1996-1999
  • Solicitor, McKenna & Co, 1988-1996
  • In-house counsel, London International Financial Futures & Options Exchange, LIFFE, 1987-1988
  • Solicitor, Elborne Mitchell, 1986-1987

Work whilst in private practice/in-house

Jon has acted for clients at all levels of the judicial system, in domestic and international arbitration and mediation. He has represented clients from a wide variety of industry sectors, from aviation to underwriting and in most types of commercial dispute, from shareholder actions to professional negligence. Whilst in-house counsel at LIFFE, Jon advised on matters relevant to the then financial services regulatory regime. Jon represented clients in a number of reported cases.

Contact

Steve Clarke
Business Manager
JAMS International, 70 Fleet Street,
London, UK EC4Y 1EU

T: +44 207 583 9808
F: +44 207 936 3325

sclarke@jamsinternational.com

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"Increasingly prolific full-time mediator and ‘a hit with commercial clients’. A former White & Case LLP IP partner, Lang is credited as ‘dependable’, thoughtful’, and ‘well prepared’."

2010 Legal 500