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 […]

The Android Wars: A New Look At The Apple v. Samsung Dispute – ACC Docket – September 2014

The Apple-Samsung dispute encompassed 50 lawsuits in nine countries. The first litigation in the U.S., termed the “patent trial of the century,” resulted in a $1 billion jury verdict for Apple. In the end, verdicts, injunctions and court judgments around the world made little difference in the marketplace. The court cases moved too slowly, decisions […]

VCDR: Venture Capital Dispute Resolution

An investment sector that thrives on entrepreneurship, prides itself on deal making and finances emerging growth companies through private investment operates in a very different sphere than the court system. Venture capital investors want to focus on raising capital, growing their portfolio companies and providing returns for their partners, matters on which judges and juries […]

What Makes a Great Arbitrator? – The 5 C’s

by Gary Benton What makes a great Arbitrator?  It’s the key question parties and their counsel face in every case when selecting an Arbitrator. Making the right decision can win or lose a case. The fact is there is no single Arbitrator who is right for every case, although there are some who are always […]

Early Mediation and Optional Appellate Review Are Steps Forward for Tech Arbitration

by Gary Benton The American Arbitration Association (AAA), the preeminent arbitral provider in the U.S., is taking some aggressive steps.  After years of losing market share to smaller local and foreign providers, AAA, under new leadership, has introduced new rules, practices and technologies, all of which improve its offerings.  It’s good news, particularly for the […]

The Android Wars: A Case Study of Apple v. Samsung

by Gary Benton In my first post, I wrote about SVAMC offering innovative ways of thinking about tech dispute resolution. In this post, I share with you some thoughts – and some deeper legal thinking – on current issues confronting the tech industry and the use of arbitration to resolve these disputes. Patent portfolios and […]