Karl Bayer's Disputing Blog

Body Language Tips for Effective Communication Over Video Conferencing

By Kyle Bailey - June 1, 2020

As communication increasingly moves online, practitioners are becoming more comfortable interacting over video conference.

Agreements not to Challenge Remote Arbitration Awards

By Kyle Bailey - May 26, 2020

Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution ("ODR") to resolve their disputes.

Remote Arbitration Best Practices: Witness Examination

By Kyle Bailey - May 14, 2020

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.

Remote Arbitration Best Practices: Security and Confidentiality

By Kyle Bailey - May 12, 2020

Remote Arbitration Best Practices: Technology

By Kyle Bailey - May 6, 2020

Over the last few weeks, numerous organizations have issued guidance on conducting remote arbitration through video teleconferencing.

Online Dispute Resolution: A Primer

By Kyle Bailey - February 14, 2020

Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means.

Robot Mediator Settles Court Case for the First Time

By Kyle Bailey - April 11, 2019

A “robot mediator” has reportedly settled a court case for the first time. The underlying dispute concerned unpaid fees allegedly owed for personal counseling sessions.

The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes

By Kyle Bailey - April 1, 2019

Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”

ABA Passes New Guidelines on the Appointment and Use of Special Masters

By Kyle Bailey - March 19, 2019

At the January 2019 Midyear Meeting, the American Bar Association adopted the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation.