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Mediation Matters in IP Matters
April 11, 2013
James E. McGuire, Esq., a JAMS neutral in Boston, has extensive experience in all aspects of ADR including mediation and arbitration, as well as serving as a special master and neutral evaluator. He can be reached atjmcguire@jamsadr.com. Effective March 2013, the United States joined most other countries to provide patent priority to the first inventor to file, rather than the first to invent. This is the latest change to U.S. patent law created by the Leahy-Smith America Invents Act (AIA). The impact...
April 11, 2013
James E. McGuire, Esq., a JAMS neutral in Boston, has extensive experience in all aspects of ADR including mediation and arbitration, as well as serving as a special master and neutral evaluator. He can be reached atjmcguire@jamsadr.com. Effective March 2013, the United States joined most other countries to provide patent priority to the first inventor to file, rather than the first to invent. This is the latest change to U.S. patent law created by the Leahy-Smith America Invents Act (AIA). The impact...
Study of Corporate Counsel Shows Arbitration Is Past Its “Tipping Point,” Usage Declining
April 11, 2013
A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation. (I posted initial info here last spring.) By comparing results of a 1997 survey of Fortune 1,000 corporate counsel with results of a 2011 survey of Fortune 1,000 corporate counsel, Professors Thomas Stipanowich and J. Ryan Lamare conclude that ”[b]inding arbitration … reached its tipping point: while some...
April 11, 2013
A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation. (I posted initial info here last spring.) By comparing results of a 1997 survey of Fortune 1,000 corporate counsel with results of a 2011 survey of Fortune 1,000 corporate counsel, Professors Thomas Stipanowich and J. Ryan Lamare conclude that ”[b]inding arbitration … reached its tipping point: while some...
Fifth Circuit Upholds Arbitrator’s Decision in Employment
April 11, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the company compelled the dispute to arbitration pursuant...
April 11, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the company compelled the dispute to arbitration pursuant...
Second Circuit Refuses to Vacate for Evident Partiality
April 11, 2013
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s confirmation of an arbitration award issued in favor of NCG Network Asia and the denial of PAC Pacific Group International’s motion to vacate. The court found that the arbitrator had properly disclosed a prior business relationship that indirectly linked him with NCG Network Asia, nothing about the relationship would compel a reasonable person to believe that the arbitrator was partial, and that PAC Pacific...
April 11, 2013
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s confirmation of an arbitration award issued in favor of NCG Network Asia and the denial of PAC Pacific Group International’s motion to vacate. The court found that the arbitrator had properly disclosed a prior business relationship that indirectly linked him with NCG Network Asia, nothing about the relationship would compel a reasonable person to believe that the arbitrator was partial, and that PAC Pacific...
SEC Considering Authority to Limit or Prohibit Pre-Dispute Arbitration Agreements
April 10, 2013
In the summer of 2010, President Barack Obama signed into law the “Dodd-Frank Act” (P.L. 111-203). Three sections of that act should be particularly important to those who provide or employ dispute resolution services. Section 921 grants the Securities and Exchange Commission the authority to limit or prohibit the use of pre-dispute arbitration agreements for securities disputes. Section 1028 requires the Consumer Financial Protection Bureau (CFPB) to conduct a study regarding pre-dispute...
April 10, 2013
In the summer of 2010, President Barack Obama signed into law the “Dodd-Frank Act” (P.L. 111-203). Three sections of that act should be particularly important to those who provide or employ dispute resolution services. Section 921 grants the Securities and Exchange Commission the authority to limit or prohibit the use of pre-dispute arbitration agreements for securities disputes. Section 1028 requires the Consumer Financial Protection Bureau (CFPB) to conduct a study regarding pre-dispute...
Declaratory Action Not Appropriate to Challenge Interlocutory Arbitration Orders
April 10, 2013
In an arbitration related to an uninsured motorist insurance claim, the insured twice challenged the arbitrators’ discovery rulings by filing declaratory relief actions in state court. The first time, the appellate court affirmed the lower court’s dismissal of the action for failure to first challenge the subject order with the arbitrators. The second time, after the appellant unsuccessfully challenged the orders with the arbitrators, the lower court dismissed the suit for lack of subject matter...
April 10, 2013
In an arbitration related to an uninsured motorist insurance claim, the insured twice challenged the arbitrators’ discovery rulings by filing declaratory relief actions in state court. The first time, the appellate court affirmed the lower court’s dismissal of the action for failure to first challenge the subject order with the arbitrators. The second time, after the appellant unsuccessfully challenged the orders with the arbitrators, the lower court dismissed the suit for lack of subject matter...
NPEs Filed 56 Percent of 2012’s Patent Suits, Study Finds
April 10, 2013
A new study out of UC-Hastings College of the Law reports that patent litigation from non-practicing entities now comprises the majority of patent lawsuits in the United States. In 2012, 56 percent of patent lawsuits were filed by "patent monetization entities," up from 24 percent in 2007, according to the study.
April 10, 2013
A new study out of UC-Hastings College of the Law reports that patent litigation from non-practicing entities now comprises the majority of patent lawsuits in the United States. In 2012, 56 percent of patent lawsuits were filed by "patent monetization entities," up from 24 percent in 2007, according to the study.
Digital Disagreements: Neural Networks and Their Potential
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
Digital Disagreements: Artificial [Intelligence] Arbitration
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
