Going International? Consider Arbitration

Your client, headquartered in the United States, asks you to prepare an agreement. Let’s say it’s a supply agreement.  The supplier is from a foreign country.  Let’s say China.  You are fairly sure that the supplier, eager to make the ongoing sale of its products, will agree to a United States choice of law and … Continue reading Going International? Consider Arbitration

Arbitration Clauses: Watch State Law

 In past articles, we have discussed how many courts once were hostile to arbitration. This led Congress to pass the Federal Arbitration Act (“FAA”), 9 U.S.C.§1 et seq., in 1925.  That Act applies in both state and federal courts and preempts any inconsistent state law in cases that involve interstate commerce.  The FAA provides, simply, … Continue reading Arbitration Clauses: Watch State Law

From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

I was honored to have a chance to work with Magistrate Judge Jeff Keyes on a recent article published in Just Resolutions eNews presented by the Intellectual Property Law Committee of the ABA.  Here is the intro to the article, with a link to the rest.  I hope find it of interest: Preparing for Mediation … Continue reading From ABA Just Resolutions: Preparing for Mediation in the Patent or Technology Case

The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

Two very recent decisions by the United States Supreme Court have eliminated some of the advantages to which patent holders have become accustomed in the last few decades. Goodbye Texas The first is TC Heartland v. LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (May 22, 2017).  Sixty years ago, the Supreme Court decided … Continue reading The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?

Arbitration Potholes: One Party Won’t Provide Discovery

In the recent series of articles we have been looking at what I call commercial arbitration “potholes.”  These are issues that come up during arbitration infrequently, but can be tricky and distract us from the merits when they do.  If we see them coming, we can usually find a way to work around them and keep things … Continue reading Arbitration Potholes: One Party Won’t Provide Discovery

The Arbitration Debate: Does It Affect Commercial Arbitration

Arbitration has been in the news a fair amount lately. The Supreme Court has been quite friendly to arbitration, deflecting attacks against arbitration clauses — often characterized by detractors as “forced arbitration” —in consumer setting. For example, in AT&T Mobility LLC v. Conception, 563 U.S. 333 (2011), the Supreme Court made it clear that the … Continue reading The Arbitration Debate: Does It Affect Commercial Arbitration

Commercial Arbitration Potholes: Cross-examination

Arbitration has replaced litigation for many disputes. That isn’t likely to change as litigation costs go up and arbitrators continually work to make arbitrations more efficient and effective.  So, if you are involved in commercial litigation, there is a good chance you will be more and more involved in arbitration of disputes. Arbitration looks quite … Continue reading Commercial Arbitration Potholes: Cross-examination

From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes

I recently had an article I wrote, “Using Arbitration to Resolve Patent Disputes: The Right Thing for the Right Case”  published in The Federal Lawyer, The Magazine of the Federal Bar Association.  It begins: Patent litigation can be really expensive. The 2015 Report of theEconomic Survey, for example, reports an average cost of $873,000 for … Continue reading From the Federal Lawyer: Using Arbitration to Resolve Patent Disputes