Bruce Friedman

Bruce Friedman

JAMS

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IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides...more

5/20/2015 - Clear Error Standard Intellectual Property Litigation Mediation Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents Standard of Review Teva Pharmaceuticals Trademark Litigation Trademark Trial and Appeal Board Trademarks

Mediation Impasse-Busting Techniques

There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s...more

5/7/2015 - Mediation Settlement Negotiations

It’s All About That Clause, ‘Bout That Clause

As a former trial lawyer, I know well the unpopularity of arbitration among litigators. The list of reasons rolls easily off the tongue of any experienced trial lawyer: 1. The arbitrator does not have to follow the...more

1/29/2015 - Arbitration

Mediation of Insurance Coverage Cases

Resolving insurance coverage disputes through mediation requires careful assessment of three unique elements: the insurance policy, the rules applicable to the application of the policy and the cases construing the policy....more

8/5/2014 - Denial of Benefits Mediation

The Biology of Decision-Making

It is a common understanding among trial lawyers that decisions are made emotionally and not rationally. Attorneys are always looking for the emotional hook on which to hang the case and sway a jury to see the case through...more

6/19/2014 - Trials

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

5/30/2014 - Class Action Commercial General Liability Policies Cyber Insurance Cybersecurity D&O Insurance Data Breach Data Protection Nonbank Firms Personally Identifiable Information Privacy Laws Retailers Target

The Antidote to the Spiteful Litigant

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

5/6/2014 - Law Firm Partners Litigation Strategies Mediation Young Lawyers

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