Meet the Arbitrator

Kyle-Beth Hilfer

Arbitrator. Kyle-Beth Hilfer has been an arbitrator since the early 1990s. She has served as sole arbitrator, chairperson of panels, and panel member on numerous arbitrations (including large complex cases) with damages ranging from thousands of dollars to multimillion-dollar awards. She has presided over cases pursuant to the rules of the American Arbitration Association (AAA) and the City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board (OATH). The following types of parties and entities have appeared before her: intellectual property licensors/licensees, pharmaceutical, media, advertising agencies and advertisers, entertainment, publishing, sports management, sales representatives, and commercial business owners. Kyle-Beth has heard disputes relating to trademarks, domain names, copyrights, and trade secrets. In the process, she has managed complex damages and royalty calculations, issues of ownership, liability, and fair use, causation, fraud, fiduciary duties, warranties, restrictive covenants, and contractual issues. She also has handled many procedural matters, including arbitrability, discovery disputes, privilege, statute of limitations, preclusion, and sanctions. Kyle-Beth has experience managing both in person and teleconference hearings. She uses an active case management style to ensure an efficient and fair arbitration process.

Experience.  After graduating from Harvard Law School, Kyle-Beth trained at law firms in New York City. In 1993, she formed Hilfer Law with the aim of providing insightful counsel to intellectual property owners and brands. She helps clients secure, monetize, and protect intellectual property portfolios, with a particular focus on developing brand identities and leveraging traditional, digital, and emerging marketplaces. Kyle-Beth regularly drafts, counsels, and negotiates intellectual property license agreements, NDA and confidentiality agreements, distribution agreements, and commercial contracts. In addition, she manages intellectual property disputes, championing her clients’ rights when necessary and negotiating settlements where appropriate. Harnessing her unique understanding of social media, mobile and digital marketing, and e-commerce, Kyle-Beth regularly advises clients on the multi-disciplinary legal issues associated with branding. She works with clients from the concept stage through execution on specific marketing techniques, including sweepstakes and contests, influencer marketing, user-generated content, premium offers, rebates, negative option and advance consent marketing, loyalty programs, and native advertising. In addition, Kyle-Beth advises on data privacy obligations. Her goal is to ensure regulatory compliance across all media, from print to digital assets. Because of her thorough understanding of branding, Kyle-Beth consults on litigations including large, complex cases concerning infringements, domain name disputes, and unfair competition and false advertising lawsuits. In recent years, Kyle-Beth has delved into nuanced intellectual property transactions and disputes arising out of new and emerging technologies.

Education.   Kyle-Beth holds a B.A. (summa cum laude and Phi Beta Kappa) from Yale College and a J.D. (cum laude) from Harvard Law School.

Author/Presenter.   Kyle-Beth has published articles related to arbitration for The Intellectual Property Strategist and the Westchester County Bar Association (WCBA), advocating for ADR for intellectual property disputes. In addition, Kyle-Beth is a frequent speaker on dispute resolution for bar associations and professional organizations. Her speaking engagements have included webinars and lectures for the Arbitration Subcommittee of ADR Committee of ABA Section of Litigation, The Association of the Bar of the City of New York, the WCBA, the AAA, and Women Owned Law.

Recognition.   Kyle-Beth sits on several panels of the American Arbitration Association, including the Commercial, Large Complex Cases, Intellectual Property, Privacy, Customer Account, Expedited Arbitrator, and Nonbinding Arbitrator panels. She has been a member of the Board of Editors for Law Journal Newsletters The Intellectual Property Strategist since the early 1990s. In addition, Kyle-Beth is rated AV by Martindale-Hubbell (Very High to Preeminent Legal Ability Rating; Very High General Ethical Standards Rating).

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