Category Archives: General

The Supreme Court, bankruptcy, trademarks and service marks

Trademark and service mark licensees had an uncertain life. In some federal courts, a bankrupt licensor could just reject the license and revoke it. But in others, that didn’t work. The Supreme Court has now resolved the split. Rejecting executory licenses The Bankruptcy Code generally provides that a debtor has the option of assuming or rejecting executory contracts. Executory contracts … Continue reading The Supreme Court, bankruptcy, trademarks and service marks

SVAMC announces 2019 Tech List

The Silicon Valley Arbitration & Mediation Center (SVAMC) has released its 2019 List of the World’s Leading Technology Neutrals (the “Tech List”). SVAMC promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes. The Tech List named 54 professionals this year. For more information on SVAMC and the … Continue reading SVAMC announces 2019 Tech List

ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations

The article Harrie Samaras and I wrote for ABA’s Landslide Magazine is now available on line.  It is based in part on my ABA IP book, Arbitrating Patent Cases, A Practical Guide,  and Harrie’s book ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition.  Both are available at shopaba.org and on Amazon.  … Continue reading ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations

Another Day, Another Arbitration Clause Problem

The cases reflecting distrust of arbitration — at least in a person versus corporation dispute — continue from the New Jersey courts. Just a couple of days ago, I noted a recent New Jersey case which found the parties had not reached a “meeting of the minds” on arbitration, leading the appellate court to reverse … Continue reading Another Day, Another Arbitration Clause Problem

Administered Arbitration: Getting to be an even better idea

  In an earlier article and in my recent ABA book, Arbitrating Patent Disputes, a Practical Guide, I addressed whether it was a good idea to include an administrator, such as AAA, CPR, or ICDR, in your arbitration clause. Now there is another reason for your arbitration clause to designate an administrator. The clause may … Continue reading Administered Arbitration: Getting to be an even better idea

New Article in ABA Section of Intellectual Property’s Landslide Magazine

Just out in Landslide  Magazine:  “A Dozen Tips for Technology-Related Mediations and Arbitrations” by Harrie Samaras and David Allgeyer.   November/December 2018 Issue, page 16. In this issue, Harrie and I take up the dozen most important things to bear in mind when mediating or arbitrating technology-related disputes.   We explain the following tips in detail: … Continue reading New Article in ABA Section of Intellectual Property’s Landslide Magazine

ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

    Below is the text of an announcement for an ADR program I am very happy to be part of. For more information, please go to: https://www3.wipo.int/registration/en/form.jsp?organization=WIPO&registration_id=325&utm_source=All+SVAMC+Contacts&utm_campaign=bfd8038e6f-EMAIL_CAMPAIGN_2018_09_20_04_01&utm_medium=email&utm_term=0_934ca19b39-bfd8038e6f-514384661 Advanced Issues in Tech and Patent ADR: Mediating and Arbitrating Disputes Please join leading corporate counsel, tech litigators, representatives of the World Intellectual Property Organization (WIPO), the … Continue reading ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

Webinar: Making Arbitration Work: Avoiding Pitfalls and Pratfalls

I am pleased to announce a new webinar I am honored to part of, along with AAA VP A. Kelly Turner and Arbitrator Felicia Boyd: Wednesday, September 26, 2018 2:00 – 3:00 p.m. (CENTRAL TIME) Making Arbitration Work: Avoiding Pitfalls and Pratfalls Litigation is often just too expensive to be a practical way to resolve … Continue reading Webinar: Making Arbitration Work: Avoiding Pitfalls and Pratfalls

Webcast series from Minnesota CLE, August 16 and 17

Minnesota CLE will be presenting two webcasts I am honored to be part of. Here is how MN CLE describes them: Arbitration Advocacy Webcast Package In this package, learn top tips for arbitration advocacy in the commercial setting from two experienced arbitrators and ABA authors, David Allgeyer and Harrie Samaras. David and Harrie will focus … Continue reading Webcast series from Minnesota CLE, August 16 and 17

Arbitration Webcasts through ABA

We recently completed two nationwide webcasts sponsored by the American Bar Association’s IP Section and other sections. The webcasts were presented by two other ABA book authors, Harrie Samaras and David Newman, and me.   Here is link to the ABA site to get the programs and a deal on the books: https://shop.americanbar.org/eBus/Default.aspx?TabID=1538&productId=309689703 Here is … Continue reading Arbitration Webcasts through ABA