NAM Neutral Perspective – A Conversation with Edward Klaris, Esq.

NAM is pleased to welcome Edward Klaris, Esq. to its panel of neutrals, bringing more than three decades of experience in media, entertainment, intellectual property, technology, privacy, and artificial intelligence to NAM's clients. In this edition of NAM Neutral Perspective, we spoke with Mr. Klaris about how his experience as outside counsel, in-house executive, and advocate shapes his approach as a neutral, how he views AI-related disputes, his advice for attorneys preparing for mediation and arbitration, and what drew him to join NAM's commercial panel.

You've spent more than three decades handling media, entertainment, intellectual property, technology, privacy, and artificial intelligence matters, which is a remarkably broad practice. How does that range of experience shape your approach to mediating and arbitrating disputes for NAM?

Over the course of my career, I've had the opportunity to litigate matters, negotiate contracts, and advise clients on a wide range of strategic and legally sensitive issues for large, mid-sized, and small companies alike. I've seen a great many issues, both in-house and in private practice, and I believe that experience positions me very well to help parties resolve their disputes. As an arbitrator, I'm decisive, and I've seen enough to know what's right and what's wrong. As a mediator, I value letting people speak and be heard, and helping them reach a resolution that each party believes it can live with, without exploiting the other side and without being exploited.

Your career spans private practice, senior in-house roles at Condé Nast, The New Yorker, and ABC, and representing clients as counsel in arbitration and mediation. How does having sat in each of those seats — outside counsel, in-house executive, and advocate — inform the way you will approach a case as a neutral?

During my time serving both in-house and in private practice roles, I've advised executives and employees at many companies. I've heard all kinds of concerns, opportunities, goals, and ambitions, and helped put them into a legal framework. Seeing the world from a legal point of view while also understanding the businesses I work with puts me in a strong position to help resolve disputes through mediation and arbitration.

You've been sought out by outlets like NPR and NBC News, and have spoken publicly, on the legal challenges posed by generative AI, including questions around copyrightability. As AI-related disputes increasingly reach mediation and arbitration, what do you see as the biggest challenges for parties and counsel navigating this fast-moving area?

AI disputes are ultimately legal issues that will need to be resolved on a case-by-case basis, depending on the issue at hand. AI is going to lead to, and already has led to, a number of copyright and defamation cases, along with many other technology-related issues, all of which I'm well equipped to help parties resolve. There is also the use of AI in the course of litigation itself, which is a significant issue I've been addressing through my law practice. In my mediations and arbitrations, I'll put clear rules in place that recognize the use of AI while also setting limits on it.

Since 2005, you've taught media law at Columbia Law School, covering everything from copyright and trademark to privacy and free speech. What advice would you give attorneys — especially those handling complex media, IP, or commercial disputes — as they prepare for mediation or arbitration before you?

I would recommend that lawyers come prepared from both a factual and a legal standpoint, and that they come ready to think about how to resolve their cases and what their clients are actually looking for. In a mediation, my goal will be to help the parties reach common ground, a place where they can agree. In an arbitration, I'll expect the parties to be fully transparent and well prepared when they come before me.

What drew you to join NAM's panel, and what do you find most meaningful about beginning this next stage of your career as a mediator and arbitrator?

NAM is a wonderful place to begin my mediation and arbitration career. It's a well-established organization with excellent people. Historically, its work has centered more on personal injury than on commercial matters, but its commercial practice is coming on strong. I think joining now as a commercial mediator and arbitrator is a great opportunity, both for me to grow my practice and for NAM to strengthen its position as a leader in commercial mediation and arbitration.

About Edward Klaris, Esq.

Edward Klaris, Esq. is a mediator and arbitrator with more than three decades of experience across media, entertainment, intellectual property, technology, privacy, artificial intelligence, and complex commercial matters. As managing partner of Klaris Law since 2015, he advises media companies, technology businesses, content creators, publishers, and other rights holders on copyright, trademark, trade secrets, licensing, content clearance, defamation, and data privacy. Before establishing his current practice, Mr. Klaris spent 17 years in senior in-house legal and business roles at major media organizations, including Condé Nast, The New Yorker, and ABC, where he managed litigation, intellectual property portfolios, prepublication review, and commercial transactions. He has also represented clients as counsel in domestic and international arbitration and mediation proceedings. Since 2005, he has taught Media Law as a Lecturer-in-Law at Columbia Law School. Mr. Klaris is available to arbitrate and mediate cases in New York and federal matters throughout the United States.

About NAM

NAM is a premier provider of Alternative Dispute Resolution (ADR) services, delivering efficiency and results to clients throughout the U.S. and globally. Through its market-leading technology and secure virtual and hybrid forums, NAM offers a streamlined alternative to traditional litigation. With an exceptional roster of neutrals and concierge-level case administration, NAM is the ADR partner of choice for over 10,000 commercial entities and half the Fortune 100.