ADR Articles
Mediating IP Cases: Patents – When to mediate?
Mediating IP Cases: Patents - When to mediate
Mediating IP Cases: Patents – Who should mediate?
Mediating IP Cases: Starting with Patents
Finding the right mediator for your patent dispute
Mediating IP Disputes - Starting with Patents
Mediating IP Cases: Starting with Patents
A look at the background of patent disputes and starting to look at how to mediate them
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