Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more
The Federal Circuit recently held that an arbitrator, not a federal district court, should decide whether a dispute arising from a technology license is subject to mandatory arbitration. See ROHM Semiconductor USA, LLC v....more
An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more
This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator....more
Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more