Karl Bayer's Disputing Blog

Arbitrating Patent Disputes

By Victoria VanBuren - October 1, 2009

Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote a interesting article about arbitrating patent infringement licenses. Here is an excerpt: Markman Hearings. In 1996, the US Supreme Court (Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)) established a procedure by which US District Judges hear evidence regarding the interpretation of patent claims during what is now called a Markman Hearing.

Texas Bar Journal Article: “Mediation Myths and Lies”

By Victoria VanBuren - September 25, 2009

Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations. Here is his list of myths: A Strong Mediator is Better Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonab

Michigan Journal of International Law Article on Class Action Arbitration

By Victoria VanBuren - September 23, 2009

Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte

Atlantic Coast In-House Article: The Role of Special Master in E-Discovery

By Victoria VanBuren - September 15, 2009

Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote an interesting piece about the role that a special master plays in electronic evidence disputes. Mr. Vogel writes that a special master in e-discovery usually: conducts interviews of IT employees; reviews software; examines data; searches websites; holds hearings on various disputes; assists judges by reviewing motions for summary judgment; and has priva

Defense Counsel Journal Article | Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards

By Victoria VanBuren - August 27, 2009

The July 2009 issue of the Defense Litigation Journal, published by the International Association of Defense Council had an interesting article: Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards, 76 Def. Couns. J. 338 (2009), written by our blog contributor Don Philbin. Check it out. Technorati Tags: ADR, law, arbitration

Alternative Resolutions Article: Third Party Claims Regarding Arbitration

By Victoria VanBuren - August 19, 2009

Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te

Disputing Blog Cited by Law Review Article

By Victoria VanBuren - August 4, 2009

Disputing was cited once again by a Law Review Article. See Litigating Alternative Dispute Resolution in the Fifth Circuit, 41 Tex. Tech L. Rev. 739 (2009). Authors Donald R. Philbin Jr. and Audrey Lynn Maness do an excellent job at surveying Fifth Circuit decisions related to arbitration. Check it out! Technorati Tags: arbitration, ADR, law, Fifth Circuit

The Impact of E-Discovery on Arbitration

By Victoria VanBuren - August 3, 2009

Ever wondered how technology is changing the discovery process? This weekend, I stumbled upon an article written by Peter S. Vogel about the impact of electronically stored information (“ESI”) on litigation and arbitration. Here is an excerpt: In 2006, the federal rules of civil procedure (and since then, many state rules as well) were changed to specifically deal with ESI. If you have been reading any reports of trials, you will know

Global Arbitration Review Article: ‘Bad Faith’ Costs Decision Upheld

By Victoria VanBuren - July 22, 2009

Last week, the Global Arbitration Review published an interesting article about a recent case, ReliaStar Life Ins. Co, of N.Y. v. EMC Nat’l Life Co., No. 07-0828 (2nd Cir. Apr. 9, 2009). As previously blogged here, in ReliaStar, the Second Circuit held that inclusion in an arbitration agreement of a broad statement that each party will bear the expenses of its own arbitrator and attorney’s fees, does not deprive the arbitration panel of authority

Texas Bar Journal: Letter to the Editor on Improving Arbitration

By Victoria VanBuren - July 17, 2009

[Update: Lee Keller King currently works at this firm.] The July 2009 Edition of Texas Bar Journal titled “The Electronic Lawyer,” features the following letter to the editor written by Texas attorney Lee Keller King. Mr. King writes in response to a Texas Bar Journal article published in May 2009 (blogged here). We welcome your commentary about this post! I am one of those critics who believe that the trend in mandatory arbitration h