Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section 8,”…more
When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies that…more
With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be the…more
As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality alternative dispute resolution (ADR)…more
At the recent ABA Dispute Resolution Section conference in Chicago a panel that included myself, Debbie Masucci, past president of the DR section; India Johnson, CEO of AAA; and Dale Matschullat of Schiff Hardin, discussed “The…more
While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator…more
The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent…more
Here’s a round-up of ADR news happening around the world. So, take a break, grab a cup of coffee and get informed!…more
Originally published in the Daily Journal on March 15, 2013.
With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas &…more
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes…more
In This Issue:
Curbing the Bullying Epidemic with Mediation; ADR News & Case Updates; DOMESTIC FOCUS - How ADR Can Stem the “Trademarklawpocalypse”; GOOD WORKS - JAMS Foundation Extends Its International Mission — In…more
Originally published in InsideCounsel on March 5, 2013.
The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of the…more
Originally published in Florida Bar Journal on February 13, 2013.
A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are…more
In This Issue:
Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices & Events.
Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013.
There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,…more
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