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Archived articles from 2011
254 articles found
Federal Circuit Declines to Recognize a Mediation Privilege
By Victoria VanBuren - December 2, 2011
In a patent infringement case, the U.S. Court of Appeals for the Federal Circuit declined to recognize a federal mediation privilege. In Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011), Kimberly-Clark Worldwide, Inc. (“K-C”), owner of patents related to disposable absorbent products (such as diapers) brought a patent infringement action against competitor First Quality Baby Products, LLC (“First Quality”). Fis
Second Circuit Rules on the Meaning of ‘Customer’ Under FINRA
By Victoria VanBuren - December 1, 2011
The Second Circuit held recently that the term “customer” under FINRA Rule 12200 does not include a broker-dealer non-party to a credit default swap agreement. See Wachovia Bank v. VCG Special Opportunities Master Fund Ltd., No. 10-1648-cv (2d Cir. N.Y. Oct. 28, 2011). In the present case, Wachovia Bank, N.A. (“Wachovia Bank”) and Wachovia Capital Markets, LLC (“WCM”) (collectively “Wachovia”) sued
Seagate Wins $525 M Arbitration Award
By Victoria VanBuren - November 30, 2011
As Computerworld reports, Seagate has been awarded $525 million in arbitration against competitor Western Digital. The companies are the top two hard-drive manufacturers in the market. Seagate alleged that Western Digital and a former Seagate employee misappropriated confidential information and trade secrets. Read more about the arbitration award here and here. Technorati Tags: law, ADR, arbitration
Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA
By Victoria VanBuren - November 29, 2011
In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part
Pictured It Settled: The Negotiator’s App
By Victoria VanBuren - November 28, 2011
We invite you to check out Pictured It Settled, a premier App for negotiators. Created by Don R. Philbin (contributor of this blog), Pictured It Settled helps negotiators to (a) see whether and when settlement negotiations might end in a deal; (b) calculate future offers based on the prior moves of the parties; and (c) keep track of multiple negotiations in a single place. Learn more about Pictured It Settled here or visit the iTunes App Store he
U.S. Supreme Court Remands Class Arbitration Waiver Case
By Victoria VanBuren - November 23, 2011
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR
Webcast | Deal or No Deal: An Empirical Look at the Negotiation Dance | Nov. 29, 2011
By Victoria VanBuren - November 22, 2011
Mark your calendars! John A. Chalk and Don R. Philbin (contributor of this blog) will host the Webcast entitled “Deal or No Deal: An Empirical Look at the Negotiation Dance” on Nov. 29th at 2:00 pm CST. Topics include: Cognitive Errors that Confound Bargaining The Right Number at the Wrong Time is The Wrong Number Successful Concession Rates in Negotiation Focus on the Timing and Amount of Concessions How to Avoid Impasse in Negotiati
GUEST-POST | Professor Alan Scott Rau Comments on Flattery Ltd. v. Titan Maritime LLC
By Victoria VanBuren - November 21, 2011
by Alan Scott Rau Some of the readers of this blog may have missed the Ninth Circuit’s recent decision in Cape Flattery Ltd. v. Titan Maritime LLC, 647 F.3d 914 (9th Cir. 2011)—in which the court addressed the critical question of how a court is to determine whether a dispute is “arbitrable” for purposes of a motion to compel—and then proceeds to make a complete hash of it. The M/ V Cape Flattery had run aground on a submerged coral r
Seventh Circuit Rules that ‘Manifest Disregard of the Law’ Is Not Independent Basis for Vacating Arbitral Awards
By Victoria VanBuren - November 18, 2011
The Seventh Circuit held that “manifest disregard of the law” is not an independent ground for vacatur in a patent case under the Federal Arbitration Act (“FAA”). See Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. , No. 11-2070 (7th Cir. Oct. 3, 2011). Citing Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), the court stated that the grounds to vacate arbitral awards listed in the FAA are &#
Recent Developments in International Arbitration | Nov. 2011
By Victoria VanBuren - November 17, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Finland: New legislation promotes mediation for commercial disputes Mexico: Appointment and powers of emergency arbitrators USA: New York legislature considers Article 75 bill Brazil: Superior Court sheds light on the concept of public order Malaysia: Court empowered
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