ADR Articles
Let’s Talk About Arbitration Clauses – Again
Arbitration is often good. Bad arbitration clauses never are good.
Save-the-Date: Stanford Law School Advanced IP/Tech Mediation and Arbitration Course - June 8-9, 2023
Save-the-Date: Stanford Law School Advanced IP/Tech Mediation and Arbitration Course - June 8-9, 2023
The Case of the Taciturn Arbitration Panel: Not Officially Defunct
Dealing with lack of arbitrators’ lack of explanation and the doctrine of functus officio
Trade dress: going to the dogs?
The Supreme Court takes up the case of the allegedly infringing squeaky dog toy whiskey bottle.
A notice to owners of Arbitrating Patent Disputes: please update AAA rule references
Notice to owners of my book, Arbitrating Patent Disputes. Check new AAA commercial rules. n For arbitrations filed on or after September 21, 2022, you need to update rule references.
Disregarding Manifest Disregard – Again. And what to do if you worry about errors of law or erroneous factual finding.
Manifest disregard is almost impossible to prove. What you can do to have an arbitration award reviewable for error in fact and law. But should you?
Making Arbitration Work: The Reach of Arbitral Subpoenas
The Ninth Circuit confirms arbitrators’ nation-wide subpoena powers.
New AAA Commercial Rules
AAA has revised its Commercial Rules for the first time in over 8 years. See what’s been changed.
Breaking Patent Law News: The Robots Haven’t Taken Over Yet
Federal Circuit rules AI device can’t be named as an inventor in a U.S. patent.
Viking River Cruises: The Supreme Court scuttles use of California’s PAGA to navigate around arbitration
Supremes scuttle use of Cal’s PAGA to navigate around restrictions on representative actions
Supremes: There Can Still be an Arbitration Foul Without Harm
Prejudice to an opponent is not needed to find a waiver of arbitration rights.
Is Arbitration on the Ropes? Not Yet.
Congress has cut back on arbitration in employment cases and may cut it back further. But it hasn’t yet.
Update: Amendment to the Federal Arbitration Act: No Mandatory Arbitration of Sexual Assault or Harassment Disputes Signed into Law
The Act is signed by the President.
Amendment to the Federal Arbitration Act: No Mandatory Arbitration of Sexual Assault or Harassment Disputes
Congress amends the Federal Arbitration Act to allow plaintiffs to avoid mandatory arbitration of sexual assault and harassment claims
The POSA: who is and isn’t a POSA
A “Person of Ordinary Skill in the Art” is mentioned so often in patent cases that he or she has an acronym: a POSA. This is because, in patent law, many of the most important issues are typically viewed from the perspective of a POSA, including claim construction, validity, and infringement. But just how is a POSA?
Silicon Valley Arbitration and Mediation Center 2022 Tech List
The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2022 List of the World’s Leading Technology Neutrals (the “Tech List“). California-based non-profit, SVAMC, promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes.
Zooming Into Discovery Depositions of Non-Parties in Arbitration
Taking non-party depositions by Zoom.