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Webinar: Ukraine and Reparations – An Update and a Call to Action for California International Arbitrators
From California International Arbitration Week 2023

On November 14, 2022, the UN General Assembly passed an historic resolution calling for Russia to pay war reparations to Ukraine and establishing an international mechanism to compensate Ukrainians for their damages as well as a register to document evidence and claims. The Ukraine government has invited Columbia Law School International Claims and Reparations Project... Read more »

Trump’s Greatest Deal

Tuesday April 11, 2023 – The spectacle last week of the former president in the dock was striking. For one who has been around the court system for more than a half century, it's natural to speculate on how this case will turn out. I won't make a prediction - there are too many unknowns.... Read more »

The Human Dimension

Former US judge Jeremy Fogel is passionate about giving disputants a chance to be heard November 25, 2022 – Retired federal Judge Jeremy D. Fogel isn't ready to quit his day job as the executive director of the Berkeley Judicial Institute, but he is enjoying the hands-on opportunity to help people resolve their disputes a... Read more »

The Supreme Court ends discovery for use in foreign arbitrations – or does it?
By Kennen D. Hagen and Jonathan Tompkins

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other salient features. Still, many parties in arbitration find situations that demand discovery akin to that available in U.S. judicial proceedings. One federal statute—28 U.S.C. § 1782 – has been used by parties in commercial and investor-state arbitrations... Read more »

Avoiding Pitfalls in Preparing a Mediation Term Sheet

If the parties can agree upon a settlement in mediation, it is essential that they put their agreement in writing, even if the mediation extends well into the night. Waiting until the next day can be dangerous since parties often change their minds about the deal after sleeping on it. The best way to memorialize... Read more »

Webinar: Columbia Energy Straight Talk with Cheryl LaFleur and David Hill | Energy Law and Policy
A View from the Bench with Judge Thomas B. Griffith

The Center on Global Energy Policy's Columbia Energy Straight Talk is a discussion series hosted by David Hill and Cheryl LaFleur, CGEP Adjunct Senior Research Scholars. In this episode, David and Cheryl hosted Judge Thomas B. Griffith, recently retired from the U.S. Court of Appeals for the District of Columbia Circuit. The U.S. Court of... Read more »

Interview of Judge Griffith with CNN about the retirement of Justice Breyer

Letter in support of the DOJ/NIST/PTO draft policy statement on SEP remedies and licensing negotiations

TUESDAY, JANUARY 25, 2022 Letter by prominent antitrust scholars, lawyers and economists, in strong support of the DOJ/NIST/PTO draft policy statement on SEP remedies and licensing negotiations released in early December. Read the full letter here:

Putting in a Good Word for Compromise – James C. Freund

TUESDAY, DECEMBER 21, 2021 In the business world, the need for compromise arises both in making deals and in resolving disputes - a duality that's crucial to recognize in approaching the subject. Click here to read James C. Freund's article entitled "Putting in a Good Word for Compromise" that recently published in Alternatives. Read the... Read more »

Is Your Mediation Confidential? – By Robert J. Jossen

THURSDAY, NOVEMBER 18, 2021 A keystone to the mediation process is the assumption that all that takes place will be held confidential. Click here to read Robert J. Jossen's article that recently published in the New York Law Journal. Read the full article here:

Mass Arbitrations – By Kennen D. Hagen

MONDAY SEPTEMBER 20, 2021 Mass arbitrations are becoming the new class actions, and a multi-million-dollar legal headache for many companies. Click here to read Kennen D. Hagen's article that recently published on Read the full article here:

Breaking The Mediation Impasse – The Mediator Proposal

MONDAY AUGUST 16, 2021 Many disputes come so close to resolving, but parties cannot seem to bridge that gap between them. Enter the mediator's proposal. Click here to read John Delehanty's article that recently published in the New York Law Journal about impasses and mediator's proposals. Read the full article here:

Even Handed – Retired US Judge A. Howard Matz has good judgment and an even temperament, lawyers say.

FRIDAY, MAY 21, 2021 Retired U.S. District Judge A. Howard Matz decided to step down from the Central District bench in 2013, in part, because he missed advocating. “I loved being a lawyer,” Matz explained. “And I wanted to continue to do that.” Matz said he learned a great deal about good lawyering while watching... Read more »

How Confidential Are Mediation Communications? – Judge Raymond T. Lyons

MONDAY, JULY 6, 2020 “Confidentiality is an important feature of the mediation and other alternative dispute resolution processes. Promising participants confidentiality in these proceedings promotes the free flow of information that may result in the settlement of a dispute.” “Were courts to cavalierly set aside confidentiality restrictions on disclosure of communications made in the context... Read more »

Mediations Forever Changed – Judge Vaughn Walker

FRIDAY, MAY 15, 2020 Seeing the advantage of using videoconferencing, I’m convinced that, in mediations, we’re not going to back to status quo after COVID-19. The COVID-19 pandemic and shelter-in-place orders under which most of us have been living have changed many aspects of our lives. Although not the most significant change in the larger... Read more »

Getting Real About Discovery in Arbitrations

MONDAY, MARCH 16, 2020 Arbitration is not like litigation. Among the ways they differ is the way in which discovery is treated. Because of the revolutionary impact on our business and personal lives of electronic communications, modern-day discovery is often an exercise in discovering, managing, and using electronic data. In addition, because of the relative... Read more »

Deal-Dispute Mediating: A Former Deal-Maker’s Perspective

James Freund Mediator FRIDAY, MARCH 13, 2020 This is prime territory for mediation—especially because it’s not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator’s assistance. Most of the business... Read more »

Implications of the ‘Data Fiduciary’ Provision in the Proposed New York Privacy Act

Joseph DeMarco Mediator, Special Discovery Master MONDAY, MARCH 2, 2020 The proposed New York Privacy Act (NYPA), currently pending before the state legislature, could significantly contribute to the trend of stronger state data privacy laws appearing nationwide. While it has many core elements of other recent state data privacy legislation, such as California’s Consumer Privacy... Read more »

Another arbitration service – FedArb – establishes new mass arbitration protocol

(Reuters) - With high-profile companies like Postmates, DoorDash, DraftKings and FanDuel tangling with the American Arbitration Association over AAA's fee requirements in thousands of individual arbitrations filed against the companies, smaller arbitration services are sensing an opportunity. I told you last month about new rules adopted by the International Institute for Conflict Prevention and Resolution,... Read more »

Judge Vaughn Walker: Life After Life Tenure

A former colleague of mine, the late William H. Orrick, Jr. always described the position of federal district judge as the “best damn job in the world.” He said it so emphatically that his statement commanded agreement. Plus, in many ways, it’s true. So, why would any sensible person lucky enough to have attained that... Read more »

Forewarned is forearmed: The growing trend of mock trials” Published in the Daily Journal

“Find me an expert who lacks expertise.” While this may sound like an oxymoron, it is not an uncommon request when a law firm seeks a former federal judge to serve on a mock panel. The reason: the underlying adjudicator has limited familiarity with the subject matter governing the dispute so the former judge should... Read more »

Obstacles For Calif. As It Seeks Spot As Int’l Arbitration Venue – Published in Law360 – July 2, 2019

Lost among current headlines is the demolition of California’s invisible statutory wall that has kept international lawyers from representing their clients in California in multimillion-dollar international arbitration disputes.The “if we build it they will come” question is whether this will result in an influx of new international arbitration cases? Since the 1998 California Supreme Court... Read more »

Making the most of mock arbitrations

Increasingly, international arbitration practitioners are using mock arbitrations – like mock jury trials in the United States – as a valuable tool to assess the strengths and weaknesses of a party’s position and develop an effective way to present their case in the real arbitration. Claudia Salomon and Peter Durning of Latham & Watkins highlight... Read more »

Comparing Policyholder Arbitrations with Reinsurance Arbitrations

In the last twenty years, arbitration proceedings have been on the rise in disputes not only between direct policyholders and insurers (policy arbitrations) but also between insurers and reinsurers and between reinsurers and retrocessionaires (reinsurance arbitrations). Although there are differences between the two categories of arbitrations, there are more similarities than differences. This article reviews,... Read more »

What To Do Before, During And After IP Mediation

How intellectual property lawsuits get resolved can be critically important to the parties to those lawsuits. The right to sell an allegedly infringing product or service; the price for that product or service; sometimes the very existence of the company: All can be at stake in an intellectual property case. But our judicial system generally... Read more »

Sherman Act’s Int’l Reach — A Hot Issue In 2013 And 2014

A number of important cases regarding the reach of the U.S. antitrust laws to conduct occurring overseas percolated through the courts in 2013. In particular, courts struggled with the meaning and impact of the Foreign Trade Antitrust Improvement Act,[1] which limits the extraterritorial reach of the Sherman Act. Cases are presently pending in the Second... Read more »

It’s Time For A Change In US Digital Privacy Laws

It is the rare legal issue where the ACLU, the National Association of Manufacturers and the U.S. Chamber of Commerce end up on the same side. But that is currently the situation in a case pending before the federal court of appeals in New York, where these entities and other major corporations have lined up... Read more »

If Google Is A ‘Bad’ Monopoly, What Should Be Done?

Google Inc. is currently subject to antitrust investigations by state attorneys general in the United States, as well as antitrust authorities in the European Union. Google and its allies have mounted a vigorous public defense, arguing that Google’s activity should be immune from antitrust scrutiny or that imposing a remedy on Google would transform antitrust... Read more »

AUO Case Could Have Major Impact On Cartel Investigations

Appellate briefs were recently filed in the case of U.S. v. AU Optronics Corporation[1] pending before the United States Court of Appeals for the Ninth Circuit, which raise issues of critical importance in the prosecution of foreign cartel cases in the U.S.: (1) whether Section 1 of the Sherman Act[2] applies extraterritorially to price-fixing meetings... Read more »

A Rare, Important Robinson-Patman Decision In 9th Circuit

It is rare to see a Robinson-Patman decision these days. However, on July 19, 2013, the Ninth Circuit issued an important Robinson-Patman decision in the case of Gorlick Distribution Centers LLC v. Car Sound Exhaust System Inc., Case No. 10-36083 (9th Cir. July 19, 2013). In this case, the Ninth Circuit affirmed summary judgment on... Read more »

New Fast Track Arbitration

Perhaps the biggest knock on arbitration* is that most arbitration resembles private litigation —both in terms of costs and in the prolonged nature of the process. FedArb is unique among arbitration firms—it requires the arbitrators to adhere to a schedule and prevents them from requesting a delay. The innovative FedArb Rule provision which addresses the... Read more »

Minimizing Bias in Party Appointed Arbitrators

FedArb is adding an optional provision that enables parties to select arbitrators in a three member tribunal in such a way that the arbitrators do not know which party selected them. Under this process, litigants select arbitrators as before but channel their input through FedArb so that the arbitrator does not know what party selected... Read more »

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