Marcus Salvato Quintanilla, FCIArb

Arbitrator, Mediator, Counsel

Admitted to practice in California, Texas, and New-York

Professional Experience

Marcus Quintanilla

As a partner at a large international law firm, my practice lay at the intersection of the Pacific Rim, the United States, and Latin America.  My clients included multinational energy companies, trading houses, family businesses, and global leaders in mining, infrastructure, and consumer brands.  I represented both owners and contractors in construction disputes arising in the U.S. and abroad.  And I represented buyers and sellers in an array of international distribution arrangements concerning products as diverse as heavy equipment, distilled liquors, and nuclear fuels.  My representative engagements also included significant trade-secret and patent disputes over semiconductor technology, as well as extensive anti-corruption investigations.  As an arbitrator and mediator, that breadth of experience allows me to grasp technical and business issues quickly and to tailor proceedings to the business needs of the specific parties before me.  While every case must be managed effectively, one size does not fit all.

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LAW FIRM EXPERIENCE

Umberg Zipser, LLP, Irvine, California
Of Counsel (December 2023–Present)
Practice Areas: International Commercial Arbitration, Cross-Border Litigation

Jones Day, San Francisco, California
Partner (January 2017–December 2022); Of Counsel (January 2013–December 2016)
Practice Areas: International Commercial Arbitration, Cross-Border Litigation

O’Melveny & Myers, LLP, Newport Beach, California
Associate, September 2000–August 2001 (September 2002–December 2012)
Practice Areas: International Arbitration, International White-Collar Investigations

Solórzano, Carvajal, González, Pérez-Correa, México
Consultant for U.S. Litigation and International Arbitration (August 2010–December 2012)

Admitted to Practice: California; New York; Texas

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ARBITRAL INSTITUTION ROSTERS

American Arbitration Association(AAA)
Commercial Panel
Construction Panel

International Centre for Dispute Resolution(ICDR)

Singapore International Arbitration Centre(SIAC)

Beijing International Arbitration Court (BIAC)

Shenzhen Court of International Arbitration(SCIA)

Energy Disputes Arbitration Center (EDAC)

Korean Commercial Arbitration Board(KCAB INTERNATIONAL)

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REPRESENTATIVE MATTERS

  • As Neutral

    Activated Dry Electrode Manufacturing, AAA

    • Breach-of-Contract dispute between developer of activated dry electrode systems and manufacturer of specialized equipment required for the systems’ mass production.  Colorado Law.

    Medical Lazer Technology, ICDR, (Chair of Tribunal)

    • Business-to-business sales dispute concerning performance of, and payments for, advanced dermatological treatment systems.  California Law.

    Hydrogen-Powered Automobiles, AAA

    • Claims for alleged misrepresentations by international auto manufacturer in connection with alleged underperformance of its hydrogen-powered vehicles.  California Law.

    Cybersecurity and Cryptocurrency, AAA

    • Contract and business-tort claims against crypto-currency wallet system based on alleged breaches of cybersecurity protocols.  California Law.

    Website Cookie Data, AAA

    • Mass arbitration involving tort and contract claims against national sports association in connection with its alleged mishandling of users’ website cookie data.  New York Law.

    E-Commerce, AAA

    • Dispute concerning alleged unlawful inclusion of non-disparagement clause in website’s terms of use.  California Law.

    As Counsel

    Almond Pasteurization Technology, ICC, Paris

    • Represented U.S. almond producer in $20-million dispute with supplier of raw-nut pasteurization system.  German Law/CISG.

    Early Termination of ASIC Development Agreement, ICC, San Francisco

    • Counselled U.S. chip maker on arbitration strategy in dispute with Japanese electronics company following chip maker’s withdrawal from agreement to produce application-specific integrated circuit.  New York Law.

    Biomimetic Hair-Care Products, ICC, San Francisco

    • Counsel polypeptide developer in international arbitration strategy against licensee/supplier of pharmaceutical hair-care solutions.

    Cannabis Testing (C.D. Cal.)

    • Represent cannabis testing company in fraud action against producer of testing equipment and related technology.  Massachusetts Law.

  • As Neutral

    Patent Licensing of Integrated Circuit Packaging Technology, ICDR

    • Claims for breach of patent license between Chinese inventor and assignee of temporary adhesive-bonding technology.  California Law and U.S. Federal Law.

    As Counsel

    Patent Licensing of Antenna-Array Technology for Handy Phones, ICC, Geneva

    • Defended Japanese technology firm against claims for royalty payments under joint technology-development agreement with U.S.-based licensor.  Delaware Law and U.S. Federal Law.  

    Licensing of Photographic Technology within Integrated Circuit (N.D. Cal.)

    • Represented U.S. integrated-circuit company against royalty claims by French developer of digital photography technology.  California and U.S. Federal Law.

    Patent Infringement of LCD Display Technology (W.D. Wisc.)

    • Defended Korean electronics company against Japanese technology firm’s claims of patent infringement involving LCD display technology.  California and U.S. Federal Law.

    Trade Secrets in Automotive Ethernet PHY Technology, AAA, Silicon Valley

    • Represent international chip developer against former employees and their start-up company in claims for trade-secret misappropriation and breach of contract.  California Law. 

    Trade Secrets in DRAM Technology (N.D. Cal.)

    • Represented American DRAM producer in its claims for trade-secret misappropriation and international commercial espionage.  California and U.S. Federal Law.

    Investigation into Alleged Misappropriation of Ethernet Switch Technology

    • Developed and supervised technology company’s internal investigation of allegations that a company employee had misappropriated a competitor’s trade secrets regarding Ethernet switches.  California Law.

    Trademark Dispute Involving International Yogurt Brand, ICC, New York

    • Defended U.S. food producer’s continued use of industry-leading yogurt trademark against efforts by licensor to nullify the parties’ license agreement.  French Law.

    Copyright and Trademark Dispute over Competing Videogames, CPR, Los Angeles

    • Represented developers of leading music-based videogame in arbitration over claims and counterclaims for breach of license agreement and infringement of copyrights and trademarks involved in competing games.  California Law.

  • As Neutral

    Wave-Action Power Generation, ICDR

    • Dispute concerning engineering, transport, and installation of offshore renewable power generator.  California Law.

    Highway Construction in South America,ICDR

    • Emergency arbitration related to claimant’s application for interim measures of protection against sanctions proceedings by national infrastructure agency.  Spanish language.  

    Structural Steel Subcontract, ICDR

    • Arbitration between Guam-based general contractor and its subcontractor for the supply of structural steel for a Vietnamese power plant.  U.S. Federal Law and the Law of Guam.  (Wing Arbitrator.)

    South American Infrastructure Project, ICDR

    • Dispute over international construction consortium’s alleged liability for delay damages in connection with South American infrastructure project.  Spanish language.

    Construction Dispute over Mobile Medical Facility, ICDR

    • Dispute concerning timeliness and workmanship in specialized construction of mobile unit to house cancer-treatment systems.  California Law.

    As Counsel

    Price Renegotiation under Uranium Supply Agreement, Ad Hoc, Stockholm

    • Defended against claimant’s demand for price renegotiation on long-term nuclear-fuels contract.  Swedish Law. 

    CISG Claim for Breach of Uranium-Supply Contracts, SCC, Stockholm

    • Represented purchaser in damages claims under the U.N. Convention on International Sale of Goods for breaches of medium-term nuclear-fuels supply contract.  Swedish Law.

    Option Rights under Nuclear-Fuels Supply Agreements, Ad Hoc,London 

    • Enforced commodities trader’s option rights valued at $1 billion under supply contract for enriched uranium.  Swedish Law.

    Mexican Wind Farm, ICC, New York

    • Defeated application for interim measures seeking to oust wind-farm developer from its role as balance-of-plant subcontractor through purported exercise of general contractor’s step-in rights.  New York Law.  

    South American LNG Facility, ICC, Madrid

    • Defended Japanese conglomerate against $400-million claim by EPC contractor against owner of failed LNG facility and its shareholders.  Spanish, Uruguayan, and Brazilian Law.

    Systems Failure at Brazilian Power Plant, ICC, New York

    • Defended EPC contractor against claims stemming from the failure of 469 MW combined-cycle power-generation facility in Brazil.  New York Law.

    Copper Mine in Peru, ICC, Houston

    • Represented EPC contractor in $120-million dispute involving allegations of defective engineering at ore-processing facilities in Andes.  New York Law.

  • As Neutral

    Social Media: Employment-Related Non-Disparagement Agreement, ICDR

    • Arbitration between social-media platform and former executive in connection with claims and counterclaims of breach of non-disparagement clause in executive’s severance agreement.  California and U.S. Federal Law.  

    Shareholder Dispute in International Digital-Photography Firm, ICDR

    • Arbitration between Hong Kong technology investment firm and developer of digital photographic technology over exercise of shareholder’s information-and-inspection rights.  

    Poultry Supply: Force Majeure in Connection with Avian Flu, AAA

    • Arbitration between supplier and purchaser of live poultry based on termination of customer’s poultry business in response to alleged force-majeure events triggered by outbreaks of avian influenza.  California Law.  

    Purchase and Sale of Jet Aircraft, ICDR

    • Dispute concerning alleged improper termination of purchase contract by Latin American national oil company.  Texas Law.  Bilingual (English/Spanish proceedings).

    Electronic Banking, AAA

    • Arbitration between bank and its depositor based on unauthorized, on-line transfers from depositor’s accounts.  California and U.S. Federal Law.  

    Beverage Distribution, AAA

    • Dispute regarding arbitrability of antitrust claims by independent spirits merchant against national beverage distributor.  U.S. Federal Law.

    Videogaming, AAA

    • Mass arbitration involving antitrust claims against leading international online platform for video-game sales and product development.  U.S. Federal Law.  

    E-Commerce, ICDR

    • Cross claims for breach of contract between Chinese merchant and U.S.-based e-commerce platform regarding alleged violations of international merchandizing policies and terms of use.  Washington Law.

    Fintech, AAA

    • Contract and tort dispute regarding implementation, enforcement, and performance of antifraud policies and related warranties by international fintech firm.  California Law.

    Web-Based Property Rentals, AAA

    •  Contract and business tort claims by lessor of vacation properties against international rental-property marketing service.  California Law.

    Maquiladora Operations, ICDR

    • Claims based on Mexican maquiladora’s alleged improper withholding of client’s deposit against contingent employment liabilities.  California Law.

    As Counsel

    Chilean Automobile Distributorship, ICC, New York

    • Represented Japanese trading company and its local affiliate in emergency proceedings to block termination of Chilean distribution contract with Japanese automaker.  Mexican Law.  

    Watercraft Engine Distributorship in Mexico, ICC, New York

    • Represented Japanese manufacturer of watercraft engines in arbitration proceedings, and counselled on parallel Mexican litigation, against its exclusive distributor in Mexico.  Mexican Law. 

    Tequila Production and Distribution, ICC, San Francisco

    • Represented international spirits distributor against its tequila supplier and trademark licensor to halt fraudulent business practices and obtain assignment of contested brand.  California Law.  

    West African Wine Distributorship, ICC, San Francisco

    • Represented wine producer against West African trading company in $40-million dispute arising from termination of the trader’s distribution contract.  California Law.  

    Tequila Distributorship in Central America, ICDR, Delaware

    • Represented producer of premium tequila in dispute with its exclusive distributor in Costa Rica based on national legislation protecting local distributors of international brands.  Costa Rican Law.

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Languages :

Fluent:
English; Spanish.

Proficient: Portuguese; French.