ADR Articles
A Checklist for Preparing for and Participating in the Mediation of an Intellectual Property Dispute
Most IP cases settle before trial. Here is a checklist for getting ready for mediation of an IP case.
AI Patents After Desjardins: Keeping American Leading in Tech?
The Patent Office revises its approach to AI patents. Will it save American leadership in AI technology?
Subpoenas and Summonses in Arbitration - New Article
Subpoenas and summonses in arbitration can be tricky. Arbitrators have power to require non-parties to give evidence in your dispute, but the power is limited and must be enforced by courts. Here is a roadmap on how to approach the issue.
A Reminder on “Exceeding Powers”
It’s usually hard to vacate an arbitration award. But if the arbitrator exceeded the authority the parties agreed on, it gets much easier.
Fraud Vacates an Award: Eletson v. Levona
It’s hard to vacate an arbitration award based on fraud. But cheating during the discovery process can lead to vacatur.
SVAMC Announces 2026 Tech List® as Demand Grows for Neutrals Handling Complex Technology and AI Disputes
This just in: SVAMC Announces 2026 Tech List® as Demand Grows for Neutrals Handling Complex Technology and AI Disputes
When “No Appeal” Doesn’t Mean No Appeal: Lanesborough, the FAA, and What You Can (and Cannot) Waive
Can you waive review of arbitration awards? Appeal? Let’s see.
AI, Privilege, and the Courts: Reading Heppner After Warner
Does using AI destroy work product privilege? It depends.
Congress opened the courthouse door, but how far? Cases, claims and the ending forced arbitration of sexual harassment and assault claims act
A plaintiff can elect to invalidate an arbitration clause when claiming sexual harassment or assault. But is the door open to the whole case or just the claim?
The Normal Rules Apply – Even smart computers aren’t your lawyer
Attorney client and work product privilege don’t apply to legal advice from AI.
Don’t’ like the game? Sue the referee. How’s that working?
Sometimes folks are upset with arbitration. So, they sue the arbitrator, arbitration provider, of both. Let’s look at how that works out for them.
Commercial Arbitration in the Federal Courts: Cases That Matter
Arbitration law isn’t all about consumer and employment cases. These are leading cases that control commercial arbitration.
Patents and Section 101 — Defenses Based on the Basics
Section 101 has taken on new life in patent law in the last years. And created plenty of confusion.
When Federal Rules Change Arbitration May Feel the Change, Too
New Federal rules changes for subpoenas, privilege logs, and AI generate evidence are likely to influence arbitration, too.
AI, Inventorship, and the USPTO’s December Redo
The patent office has rescinded its earlier guidance on the use of AI in inventions and issue new guidance. The focus is now on conception.
The UK Tweaked Its Arbitration Statute – Should the US?
The UK has revised its arbitration act. Should the U.S.? Can it?
You probably clicked “I agree” — but did you really?
Big companies seem to love online arbitration clauses, but courts (and providers) don’t always love them
When Does the Clock Start? Copyright’s Old Questions in a New Digital World
When does a copyright claim accrue and how far do damages reach back? We still don’t have the full picture.
International Arbitration vs. Domestic Arbitration: Similar, but not the same
International and domestic arbitrations have many similarities, but they are not the same. You will want to understand the differences.
Mediation in Intellectual Property Cases: Documenting the Settlement
A settlement is not complete until it is written, specific, and clear. Mediators and well-prepared counsel can make all the difference between a fragile handshake and a binding peace.