Alternative Dispute Resolution (ADR) Intellectual Property

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Federal Circuit Confirms $455 Million ICC Arbitration Award

The Federal Circuit this month, for the first time, confirmed an international arbitral award administered by the International Chamber of Commerce (ICC). In another first for the Federal Circuit, the court indicated that it...more

Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than...

The Federal Circuit has upheld a district court’s confirmation of a $455 million award by an international arbitration tribunal, but modified the judgment to clarify that, after the date of the district court’s judgment...more

Keeping Up with the Kardashians’ Attempt to Compel Trademark Arbitration

In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by...more

Bayer CropScience AG v. Dow Agrosciences LLC (Fed. Cir. 2016)

Earlier this month, in Bayer CropScience AG v. Dow Agrosciences LLC, the Federal Circuit concluded that the District Court for the Eastern District of Virginia correctly confirmed an international arbitration tribunal's award...more

Defendant Wipes Out After Getting Caught in the Riptide and Is Sanctioned for Ill-Conceived Motion to Compel in Surf Tech...

This case presents an example of a district court’s use of the “proportionality” requirement of Rule 26 to limit overbroad discovery. On March 9, 2017, Magistrate Judge Barbara L. Major of the District Court for the Southern...more

Eleventh Circuit: Arbitration Clauses Are Like Makeup – They Only Cover So Much

The Kardashians, America’s favorite celebrity family, have been having a tough time of late, with Kim Kardashian being robbed at gunpoint in her Paris apartment, and her husband Kanye West attracting criticism for his support...more

Health Law Insights: January Newsletter

ALERT: Health Reform Outlook for 2017: A Year of Major Uncertainty - Fulfilling their promises, Congressional Republicans moved to repeal the Affordable Care Act (ACA) on the first day of the new Congress when Senate...more

Boletín Mensual de Comercio Internacional: Diciembre - Información con Énfasis en la Regulación Comercial y el Arbitraje...

Durante el mes de diciembre destacan los siguientes temas: Prácticas Desleales, Competencia Económica, Acceso, Comercio, Aduanero, Propiedad Intelectual, Inversión, Solución de Diferencias, Arbitraje....more

It’s a Wrap – The Year in India That Was

Key developments in the Indian legal landscape in 2016 - From the Startup India campaign launched in January 2016 to the coming into force of substantial provisions of the Insolvency and Bankruptcy Code in December 2016,...more

Business Litigation Report - December 2016

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines? - Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Brexit – the end of Pan European Patent Dispute Resolution?

For more than 40 years, resolving European cross-border disputes about patents in one proceeding has been a dream. The solution, by way of a new European Unified Patents Court (UPC), was until the summer of 2016 within...more

Litigation and enforcement in Japan: overview

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Three Point Shot - November 2016

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Employment Law This Week®: White House on Non-Competes, Transgender Bathrooms, Fair Pay and Safe Workplaces, Freelancer Wage... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Korea Quarterly - September 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

In reviewing the scope of an arbitration agreement that was part of a supply agreement, the US Court of Appeals for the Federal Circuit affirmed the district court’s decision, determining that the defendant’s breach of...more

Korea Quarterly - August 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Potential Legal Implications Arising from "Brexit"

On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that...more

Dealing With Trade Secret Thieves: Strategies for Cost-Effective Settlement

Trade secret thieves are almost always an employee or business associate. They are known, generally held the trust of the business, and are perceived as traitors. The urge for retribution against such trade secret thieves can...more

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

The Fifth Circuit Upholds Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard The Law And That The Award Did...

On May 23, 2016, the Fifth Circuit upheld an arbitrator’s approximate $1.45 million award in favor of McKool Smith P.C., a law firm who represented Curtis International Ltd., a Canadian electronics wholesaler, in patent...more

Court Considers Defenses Under Both New York Convention And The FAA In Confirming Domestic Arbitration Award Against Foreign Party

Immersion Corporation, a U.S. company, had previously entered into a settlement with Sony, a Japanese company, regarding the latter’s alleged patent infringement. Subsequently, a dispute arose surrounding whether Sony was...more

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