Judges and arbitrators are in the information business. They want to get the decision right. And they need information to make the right decision. Usually, the information is provided by the parties in a closed system. Only the record counts. But sometimes the information provided isn’t enough, and the decision maker knows it. It is … Continue reading Judges, Arbitrators, and the Internet
Setting the Stage for a Successful Commercial Arbitration Announcing a series of webinars on use of ADR in commercial, technology, and IP disputes. The first webinar is set for March 14, entitled: “Setting the Stage for a Successful Commercial Arbitration.” This first part of a two-part series provides practical guidance on representing parties in the … Continue reading ABA Webinar series begins March 14th 2018
Many lawyers include arbitration clauses in their retainer agreements with their clients. Arbitration offers a faster, less expensive, and more private way to deal with fee disputes or claims made by clients in response to claims for payment of fees. But will the agreement hold up when the client challenges the enforceability of the arbitration … Continue reading Lawyers and Arbitration: A Special Case?
In past articles, I’ve discussed the attitude lawyers may have to arbitrating business disputes. Some hate it. They simply do not believe that arbitration actually saves time or money. They will tell you their experience is that it is still as expensive as litigation and takes just as long. Courts are almost free, they note, … Continue reading New Data About Arbitration: It’s Faster
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
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
My new book, Arbitrating Patent Disputes: A Practical Guide was just released today. For more information, just Google: David Allgeyer ABA Arbitrating Patent Disputes Hope you like it!
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
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?
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