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Arbitrating IP and Global Technology Disputes
California companies are increasingly litigating to protect their intellectual property, to defend against cyber-attacks and to establish fair and reasonable licenses for their technology. One important issue is the collateral estoppel impact of IP-related arbitration awards. Do they have the same preclusive effect of court judgments — and should they? How do these questions affect the finality and confidentiality of arbitration decisions, the interests of third parties, and parties’ IP rights? And what are the special rules applicable to disputes under California law where collateral estoppel rules differ from many jurisdictions?
SIAC and WIPO are two of the leading international arbitral institutions at the forefront of establishing protocols and arbitration rules designed to efficiently adjudicate disputes with international arbitrators who have a command of intellectual property issues. This panel will discuss their views of best practices and common pitfalls with a particular focus on collateral estoppel, finality and confidentiality issues.
Join us on March 12 from 11 a.m. to 12 p.m.
MCLE 1.25 credits
Speakers Include:
Moderator – Jerry Roth has 40 years of cross-border and international litigation, arbitration, mediation, and investigation experience to his role heading up FedArb’s European desk. As a partner at Munger, Tolles & Olson for 27 years, he led complex international litigation, arbitration, mediation, and government and internal investigation matters for national and international companies, boards of directors, and individual clients.
John Bang is widely considered to be one of the foremost international disputes practitioners in Asia. He is a senior partner (foreign attorney) at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he worked for 23 years in various roles, including as the co-founder and head of the International Arbitration & Litigation Practice.
Cedric Chao is the co-chair of FedArb’s international practice area. He was the head of the international litigation and arbitration practice of the 1,000-lawyer firm Morrison & Foerster from 1996 to 2013 and served from 2013 to 2019 as the U.S. Head of the global international arbitration practice of the 4,500-lawyer firm DLA Piper. In 2019, he launched Chao ADR, PC, now acting as an arbitrator and mediator of international and domestic commercial disputes and advising clients on cross-border disputes.
James Pooley has handled a variety of commercial litigation, with an emphasis on trade secret disputes and patent disputes. He’s served as a neutral, judge pro tem, and special master for courts handling complex trade secret, patent and technology-related commercial disputes. He’s also a trusted leader in trade secret management and litigation in trade secrets and patents.
Adam Rattray is the Head of the Information and External Relations Section of the WIPO Arbitration and Mediation Center. He works closely with the WIPO Center’s IP Disputes Section to facilitate the provision of efficient ADR services and to provide training on mediation and arbitration for IP and technology-related disputes. Before joining WIPO he worked at the Geneva office of the law firm White & Case as a member of the WTO and international trade law practice.
Adriana Uson serves as the Director & Head (Americas) of the Singapore International Arbitration Centre (SIAC). She oversees SIAC’s activities in North and South America. She has broad experience as an arbitration practitioner – having served as arbitrator, international arbitration lawyer, and Counsel in the SIAC Secretariat.