There are many elements that come together to make a good Arbitrator. These include particulars as to knowledge, skill and demeanor. Of all, the ability to appreciate what is reasonable is often the most critically important skill an Arbitrator should possess. Ironically, reasonableness is also the most elusive skill there is. You can’t find it […]
Imagine going to court and being allowed to interview the Judge to be sure he or she is a good fit for your case. Although that scenario doesn’t exist in court, it is a valuable feature of arbitration. One of the underlying principles of arbitration is party autonomy, meaning the parties have the opportunity to […]
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 […]
I’ve run across one or two Arbitrators lately who – I can’t say it any other way – are jerks. You know the type, someone with a certain amount of overbearing pride who comes off as being arrogant, unreasonable and insecure. Maybe it’s just a sign of the times but it’s given me some […]
You know those days when you have to deal with all those arcane pleading, motion practice and discovery rules, wrestle with opposing counsel on every point, and kowtow to the Judge no matter how annoying he or she might be? Oh, that’s the life of a litigator. So you’d think, litigators would relish the relaxed […]
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 […]
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 & […]
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 […]
I wasn’t surprised when a senior patent lawyer for one of the oldest Silicon Valley companies failed to think about ADR for resolving a patent infringement claim. After all, some things don’t change and, even when something does change, old ways are slow to change with it. What has changed is that US patent litigation […]
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. […]