Diane Faber Mediation
peace that makes sense

Diane Faber brings a sophisticated toolkit of business and legal experience and an intelligent, respectful approach to crafting durable settlements which make logical, emotional, and practical business sense for all involved. Focusing on IP, entertainment, employment, real estate, and a broad array of general business disputes, Diane is invested in helping your client reach real-world solutions through a flexible process designed to gain your client's confidence and meet your client's real needs.

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We have mediation space in Beverly Hills and the San Fernando Valley; and/or Diane Faber will travel to a location of your choice, anywhere in California.

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Representative Intellectual Property/Entertainment Industry Mediation Experience

Diane's substantial private practice experience centered on intellectual property and the entertainment industry. She understands how entertainment and intellectual property disputes play out and where their vulnerabilities are, including whether, why, and how they typically settle. About half of all Diane's mediations have some nexus with copyright, trademark, or trade secret laws, and/or the entertainment industry.

Diane has successfully mediated copyright disputes across the spectrum, including music, motion picture/tv, children's video, books, photography (fine art/commercial/celebrity), fashion and textile design, and technology/software disputes. She has mediated cases arising out of complicated chains of title or rights issues arising under the 1909 Copyright Act, the 1976 Copyright Act, and/or the Digital Millenium Copyright Act (including safe harbor provisions). She has depth of experience with issues of joint authorship, prior art, scenes a faire, protectability of expression/ideas/historical facts, access, substantial similarity, fair use, implied licenses, public performance rights, copyright preemption, and statutes of limitation, and broad familiarity with music sampling claims (hip hop/rap/jazz/"sounds" and "beats").

Diane has resolved trademark cases involving startups and premium brands, similar marks/brands competing in different classes, knock-offs, reverse passing off, trade dress infringement, etc., and has mediated many dozens of co-existence agreements in a wide variety of arenas (wine labels and bottle shapes, reverse-engineered recipes, LED whips, specialty motorcycle software, competing splinter sub-bands from a prior iconic rock group, SMS mobile marketing, 800-numbers and urls).

She has settled entertainment industry cases involving credit (songwriter, screenplay, written by), separation of rights (specifically, the rights flowing from WGA Agreement provisions), idea submissions, rights of publicity (of both living and deceased persons) and privacy, profit participations (actors in motion pictures, music catalog audits), and music publishing generally, and has resolved several rock band breakup disputes. She has settled numerous cases involving new technology, startups, and advertising, including FTC enforcement actions, and claims of breach of contract, unfair competition (including Section 17200), breach of fiduciary duty, and breach of implied contract.

Representative Real Estate Litigation Experience

Represented urban planner against longtime family friend. The two families had jointly purchased a Northern California mountainside with a common access road for the stated purpose of building two estate homes for themselves, and for private development and sale of the remainder. Over four decades, one family subdivided and graded the property, improved part of the road, and built an architecturally unique home; the other family lost interest and secretly sold/gifted its undivided half share in the property to a neighboring open space preserve, impacting his longtime partner’s interest. Settled.

Represented contractor in litigation over delays in the post -1995 earthquake retrofit of a bridge in the Port of Los Angeles. City of Los Angeles was represented by Patty Glaser, then of Christensen, Miller et al. (original demand $100M). Settled.

Represented a large commercial real estate manager/owner in a series of litigations over substantial real estate investments, including (a) a dispute over escrow closing without a contractually-mandated CPI adjustment of the purchase price on a $45M medical building at the corner of Post and Mason in San Francisco (obtained summary judgment against escrow company; settled with buyer); (b) litigation over straight hard-money investment in real estate (settled on the eve of trial); (c) litigation against federal bankruptcy trustee of Ponzi scheme over client’s investment of capital (settled); and (d) litigation over client’s investment in AAA hockey team (settled).

Represented key personnel (including co-founder) who left a $500M property ownership and property management company in a dispute over who owned the rights to certain REO properties (bank owned foreclosures) acquired by related third parties while clients were employed (settled). Among other things, case involved unraveling 8 multiparty (and in some cases, international) real estate transactions. Settled.

Represented developer against City which had calculated the number of buildable units on a parcel of land prior to purchase as 120, but after the purchase closed as zero, only to take the position in related litigation after developer disposed of the property that there “really” had been 120 buildable units.

Santa Monica luxury condo owner’s series of disputes with upstairs neighbor and homeowners’ association concerning leaks, violation of hardwood restrictions, etc. Settled.

Represented purchaser of luxury home in Westwood against seller, where seller removed fixtures and damaged the house during leaseback after sale. Settled.

Boundary line dispute where purchaser wanted to demolish his own building which encroached on a neighbor’s property, but neighbor disagreed. Settled.

Family of child star’s claim against insurance company in connection with dramatic, destructive leak in family home. Settled.

Representative Employment Mediations:

As a mediator, Diane strives for a complete understanding of what went wrong in the employment relationship, to help fashion a nuanced remedy that is acceptable to all parties. Formerly, as a litigator, Diane handled significant cases on behalf of both plaintiffs and defendants in employment disputes. Nearly half of Diane's mediations are employment based.

Diane routinely resolves claims involving race, gender (including pregnancy and pregnancy loss), sexual orientation, and age discrimination, and for harassment, retaliation, constructive discharge, and wrongful termination; disability discrimination, failure to accommodate, failure to engage in the interactive process, and discriminatory animus upon return to work; whistleblower, violations of public policy, and retaliation; breach of contract, compensation and professional defamation; and wage and hour misclassification.

Her experience covers all types of entities and industries (wine distribution, trucking, fast food, manufacturing) and federal state and local governmental entities (post office, ADA's office).

Representative Employment Litigation Experience

For plaintiffs:

Represented female plaintiff personal assistant to CEO of financial services company with claims of sexual harassment and retaliation.

Represented plaintiff writer against production company, talent agency (total of seven defendants and cross-defendants) concerning exploitation of teleplay for limited series without proper compensation.

Represented female in-house attorney against publicly traded company which had allegedly squeezed out a number of senior women. Settled as plaintiff was en route to the EEOC to file the formal complaint.

Represented female in-house attorney against publicly traded company which had allegedly hired, promoted, and favored gay men over other qualified employees.

For defendant:

Defended call-center company against discrimination claim of gay African American employee. Won on summary judgment.

Defended celebrity employer against claim of wrongful discharge from "lifetime employment agreement" with longtime colleague. Settled.

Defended rock star against claim of artists hired to create concert backdrop artwork, over whether they were employees or independent contractors for purpose of copyright law. Settled.

Defended key departing personnel (including co-founder and key employee) against employer claims of ethical breaches during employment. Settled.

About Diane

Since 2005, Diane Faber Mediation has been guiding those caught in protracted business, legal, financial and emotional disputes toward final negotiated settlements.  A quick study, Diane brings passion, humor, intelligence and intuition to this pivotal – and often highly stressful – chapter in a litigated dispute.

Diane grew up in Los Angeles. She graduated summa cum laude, phi beta kappa from Yale University, and then graduated from Harvard Law School, before returning to California. 

Diane was an AV-rated attorney and partner at Manatt, Phelps & Phillips LLP for 17 years where she was a first-chair litigator specializing in entertainment, intellectual property, real estate, employment and general business disputes. Despite enjoying the many intellectual rigors of sophisticated business litigation, Diane came to realize that some of her most satisfying days were those on which she was able to bring her clients resolution – either by winning, or more often, by settling their cases shy of trial.  

In order to focus her energy on dispute resolution, Diane launched Diane Faber Mediation in 2005, and now has successfully mediated several hundred cases.

On a personal note, at 43, Diane met and married her husband, a single father of three.  Together they welcomed their daughter the next year.  In short, Diane transitioned from single woman to married mother of four in the space of one year.  The experience of blending a family and learning to see every decision “from six sides” has contributed to Diane’s respectful style and personal commitment to peaceful dispute resolution.

Representative Lawyers and Firms Which Have Worked With Diane Faber Mediation

      •  Affeld Grivakes   •  Akin Gump   •  Akerman   •  Allred Moroko   •  ArentFox Schiff   •  Assistant U.S. Attorneys (various)   •  Baker & Hostetler LLP   •  Baker & McKenzie LLP   •  Barnes and Thornburg   •  Blackstone Law   •  Blakely Law Group   •  Blank Rome   •  Bryan Cave LLP   •  Buchalter Nemer APC   •  Cabada & Hameed   •  Call and Jensen APC   •  CDF Labor Law   •  Constangy Brooks and Smith LLP   •  Cotman IP Group   •  Deacon Ladasz Law Office   •  DLA Piper LLP   •  Doll Amir & Eley LLP   •  Doniger Burroughs APC   •  Dorsey & Whitney   •  Duane Morris LLP   •  Elkins Kalt   •  Ellison & Associates   •  Ezra Brutzkus and Gubner LLP   •  Faegre Baker Daniels LLP   •  Farber & Co.   •  Federal Trade Commission   •  Ferdinand IP   •  Foundation Law   •  Fox Rothschild   •  Frank N. Lee Law Offices   •  Freeman Freeman and Smiley LLP   •  Frisenda Quinton and Nicholson   •  Frontier Law Center   •  Gaims Weil West & Epstein   •  Glaser Weil Fink Howard Avchen and Shapiro LLP   •  Goldberg Segalla   •  Gordon and Rees LLP   •  Greenberg Glusker   •  Greenberg Traurig   •  Green Law Group   •  Gruenberg Law   •  Hamburg Karic   •  Hankin Patent Law   •  Hicks and Park   •  Jackson Lewis   •  K2 Employment Law   •  Katten   •  Kelley Semmel   •  Kennedy Archer & Giffen   •  Kneupper & Covey   •  Knobbe Martens Olson and Bear   •  Konig Zollar   •  Krafchek & Lynch   •  Kramer Madnick   •  Kronenberger Rosenfeld   •  Kulik Gottesman Morton & Siegel LLP   •  Ladas and Parry   •  Lang, Hanigan and Carvalho   •  Lapidus & Lapidus   •  Law Offices of Albert Chang   •  Law Offices of H. Troy Farahmand   •  Law Offices of Ramin Younessi   •  Leo Law Firm   •  Leopold, Petrich & Smith   •  Lerman Pointer   •  Lewis Brisbois   •  Liang Ly LLP   •  Littler Mendelson PC   •  LTL Attorneys   •  Mancini Schenk   •  McArthur Law Group   •  Messner and Reeves   •  Milford & Associates   •  Mitchell Silberberg & Knupp   •  Mortensen Taggart   •  Neasham & Kramer   •  Nexio Law   •  Nixon Peabody LLP   •  Nosrati Law   •  Omni Legal   •  Palace Law Firm   •  Polsinelli   •  Price Law Group   •  Quinn Emanuel, Urquhart & Sullivan   •  Reed Smith   •  Rimon Law   •  Ritholz Levy Sanders Chidekel and Fields LLP   •  Robinson Bradford   •  Ropers Majeski   •  Ropers Majeski Kohn & Bentley   •  Seddigh Arbetter   •  Sheppard Mullin   •  Shore Law Offices   •  Snell & Wilmer   •  Squire Sanders & Dempsey   •  Stetina Brunda Garred and Brucker   •  The Myers Law Group   •  Thakur Law Firm   •  Toni Jaramilla   •  Tressler LLP   •  Trust Tree Legal   •  Umberg Zipser   •  Valiant   •  Venable   •  Waymaker   •  Weidmann Law   •  Weil Gotschal   •  Wright and Supple

    *This list reflects the firm names at time of mediation