The Biggest Mistake in Selecting an Arbitrator

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 […]

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 […]

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 […]