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Disputing
By Karl Bayer, Arbitrator, Mediator & Special Master Visit the blog
156 published works
Disputing
The Taming of “Plain and Ordinary Meaning” in Patent Infringement Cases – Part 2
One of the reasons for defining the plain and ordinary meaning is so the jury does not have to decide on the scope of the claim and it is clear…
Disputing
The Taming of “Plain and Ordinary Meaning” in Patent Infringement Cases – Part 1
In a patent infringement claim case, a court or special master must define the scope of the claim construction. “The purpose of claim construction is to ‘determine the meaning and…
Disputing
SCOTUS Dismisses Henry Schein, Denies Certiorari in Another Question of Arbitrability Case
By Beth Graham
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted. The case was a follow-up to the…
Disputing
NADN Conducts “The Customer is Always Right(?)” Survey of Litigators
By Beth Graham
The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”. The September 2020 survey asked litigators across the United States about…
Disputing
SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations
By Beth Graham
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may seek discovery in the United States…
Disputing
Arbitrator Diversity: Can It Be Achieved?
By Beth Graham
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law, has published “Arbitrator Diversity: Can It Be Achieved?” Washington…
Disputing
Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?
By Beth Graham
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial…
Disputing
Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration
By Beth Graham
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer…
Disputing
Remote Advocacy Through the Eyes of a Neutral
By Beth Graham
A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for…
Disputing
Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators
By Beth Graham
Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University’s Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published…