Technology ADR Primer

  Introduction: Tech Mediation, US Arbitration and International Arbitration In today’s fast paced global business environment, it is inevitable that disputes will arise. ADR offers practical solutions without the cost, time delay, formality and uncertainty involved with going to court. It allows technology disputes to be resolved with efficiency and expertise that cannot be found […]

Discovery in Arbitration: If You Want It, Go for It

One of the greatest fears US litigators have regarding arbitration is that they can’t get discovery. It’s a misperception. A key concept in arbitration is efficiency. In the context of discovery, that means discovery should be appropriate for the case. Often clients agree to arbitration because they want speedy, cost-efficient decision-making – and that includes […]

HBO Shines a Spotlight on Silicon Valley Arbitration

Silicon Valley arbitration was the focus of this summer’s Season Two finale of the HBO hit television series Silicon Valley. The show provides an amusing caricature of life and work in Silicon Valley. Often the portrayal is not far from reality. The show’s season finale focuses on what we’re about at Silicon Valley Arbitration & […]

Efficiently Resolving M&A Disputes

Post-closing disputes arise in about 56% of M&A transactions according to a recent study by Shareholder Representative Services (SRS). Nearly all of these disputes involve issues related to purchase price, earn-outs, indemnity, misrepresentations or breach of warranties. The high probability for post-closing disputes highlights the critical need for efficient dispute resolution of M&A disputes. Private […]

What’s a Tech Lawyer?

Tech lawyers come in all shapes and sizes. Their skill sets vary dramatically. So when a company sets out to pick a tech lawyer to serve as an arbitrator or mediator, it’s important to understand the 101 flavors of tech lawyers out there. Litigators and Transactional Lawyers One major distinction is litigation versus transactional experience. […]

Getting What You Ask For: The Parties Rule in ADR

There’s an ongoing debate in ADR circles as to what takes priority: arbitral efficiency or party autonomy. To put it more simply, is it more important to have a speedy, low cost arbitration or is it more important to give the parties what they ask for? You’d think there wouldn’t be a tension between efficiency […]

Some Of My Favorite Arbitrators Just Sit There.

Every Arbitrator is unique. Like everyone else in the world, their experiences, training, personality and a host of other factors shape who they are. And when it comes to arbitration style, there are many varieties. Unlike in court, where the decision maker, the Judge, is imposed on the parties, in arbitration the parties have a […]