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Setting the Stage for a Successful Commercial Arbitration - Part I


Level: Advanced
Runtime: 90 minutes
Recorded Date: March 14, 2018
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Agenda


  • Starting the Arbitration Process
  • Drafting Pre-Dispute Clauses
  • Drafting Dispute Resolution Clauses
  • Fixing Infirm Clauses
  • Arbitration "Pleadings"
  • The Preliminary Hearing
  • Starting the Arbitration
Runtime: 1 hour and 30 minutes
Recorded: March 14, 2018

Description

This program will provide practical guidance on representing parties in the key early stages of a commercial arbitration.

Join these prominent IP authors and speakers for the latest insight into disputing contracts involving intellectual property and the business relationships required in the U.S. and worldwide.

This first seminar in this two-part ADR series will provide practical guidance on representing parties in the key early stages of a commercial arbitration. Discussion topics will include the arbitration agreement, governing rules, confidentiality, commencing the arbitration, the preliminary hearing, and information exchange. Practitioners will learn how to make the differences between arbitration and litigation work for both them and their clients and to set the course for a less expensive, faster, and fair resolution of their disputes.

This program was recorded on March 14th, 2018.

Provided By

American Bar Association

Panelists

David L. Newman

Partner
Gould & Ratner LLP

Leading Gould & Ratner's Intellectual Property Group, David Newman focuses his practice in the areas of patents, trademarks, copyrights and trade secrets. His broad practice includes experience with IP litigation, preparing and prosecuting patents and trademarks, and opinion work relating to infringement/ non-infringement and validity/invalidity.

David serves Fortune 500 companies, mid-size companies and start-ups including clients in a wide variety of industries, including computers, consumer goods, electronics, mechanical devices, medical devices and telecommunications, and financial services and securities trading systems.

David has been involved in all aspects of practice before the U.S. Patent and Trademark Office, particularly proceedings at the Patent Trial and Appeals Board (PTAB), as well as appeals, reissues and reexamination proceedings.

Drawing upon his technical background, David has worked on IP matters involving technologies such as big data storage systems, cloud services, financial services and securities trading systems, high frequency trading, email, internet encryption systems, eCommerce technology, internet mapping systems, internet server systems, mp3 compression, gaming technology, HVAC controllers, low-latency point-to-point communication systems, microwave transmission systems, semiconductor testing systems, charger plug adapters for cell phones, pixel imaging systems, article-writing software, luggage-locking and security systems, optoelectronics, fiber optics, optical connectors, cable assemblies, semiconductor lasers, small form factor transceivers and adapters, electromagnetic shielding, wave division multiplexing (WDM) systems, electrical connectors, torque sensors, semiconductor chip sockets, PC cards, position sensors, electrical cables, ethernet communication devices, buss bars, differential signal terminators, automotive safety systems, microwave transmission controllers, LED bulbs and power distribution unit.

In addition, David has taught courses involving claim drafting for patent applications and is a periodic guest lecturer on intellectual property topics at the DePaul University Driehaus College of Business and presenting mediation and arbitration topics for World Intellectual Property Organization (WIPO) seminars.

David is a frequent author and authority on several IP topics, contributing chapters in several books such as The Cambridge Handbook of Technical Standardization Law - Competition, Antitrust, and Patents, as well as authoring Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB.

David has been recognized by Illinois Super Lawyers in the areas of Copyright & Trademark Law, Intellectual Property Law, Patent Law and Trade Secrets/Unfair Competition Law for 2017.

David Allgeyer

Arbitrator, Mediator, Counsel
Allgeyer Law & ADR

David was a partner with the law firm of Lindquist & Vennum, located in Minneapolis, Minnesota for 30 years. He litigated, arbitrated and mediated cases in state and federal trial and appellate courts and hearing rooms throughout the United States.

David has now started a new practice devoted to Alternative Dispute Resolution, including arbitration and mediation of commercial and intellectual property disputes.

Over the years, David has been appointed an arbitrator in over seventy commercial arbitrations and has successfully mediated dozens of cases ranging from all forms of Intellectual Property, commercial disputes and other areas of civil law, including contractual obligations, shareholder disputes, and Uniform Commercial Code.

As a member of the AAA Commercial Panel, David has been appointed as Panel Chair, sole arbitrator or panel member in over 70 business disputes in various parts of the country including Minnesota, California, New York, Illinois, South Carolina, Oklahoma, Texas, Wisconsin, and Florida.

David has successfully mediated and settled cases in the areas of breach of contract, patents, trademarks, copyright, business torts, home improvement disputes, insurance issues, mechanic lien disputes, employment and general commercial law areas. He has served and continues to serve as a mediator for Hennepin County Court mediation programs.

David is a past chair of Lindquist and Vennum’s Litigation Department and Intellectual Property practice group and Commercial Litigation practice group and past chair of the Minnesota State Bar Association’s Alternative Dispute Resolution Section.

David was named Minneapolis Arbitration Lawyer of the Year 2016 by Best Lawyers, and Minneapolis Mediation Lawyer of the Year 2018. He is listed by Chambers and SuperLawyers for his Intellectual Property, Arbitration and Mediation practices. He was added to the Silicon Valley Arbitration & Mediation Center’s List of World’s Leading Technology Neutrals in 2017. (For more information on SVAMC, please visit SVAMC.org.)

In 2017, David became a nationally published author on arbitration with the American Bar Association’s publication of his book, Arbitrating Patent Disputes, A Practical Guide (available at shopadr.org.)

David began his career as a judicial law clerk in U.S. District Court for the District of Minnesota.


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