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Posts By: Stephen Fahlsing

Former National Security Advisor Robert O’Brien joins FedArb

March 5, 2024 – FedArb is pleased to announce Ambassador Robert O’Brien has joined its panel. Based in Los Angeles and Utah, he previously served as the National Security Advisor to the President after serving as the Special Presidential Envoy for Hostage Affairs. He will serve as a mediator and special master, focused on resolving... Read more »

Retired Justice of Commercial Division Barry Ostrager Joins FedArb

January 9, 2023 – FedArb is pleased to announce Justice Barry Ostrager has joined its panel. Based in New York, he previously served as a New York State Supreme Court Justice in the Commercial Division for eight years. Justice Ostrager will focus on resolving high-profile securities, antitrust, insurance coverage and commercial disputes. Prior to his... Read more »

FedArb and WIPO Announce Collaboration on Intellectual Property Disputes

December 13, 2023 – FedArb and the WIPO Arbitration and Mediation Center have announced they have jointly developed a set of standard dispute resolution clauses tailored for technology companies to use in their contracts. These model clauses can be found here. These clauses enable litigants to combine WIPO’s comprehensive, best-in-class rules with FedArb’s 120 arbitrators... Read more »

Former J&J Deputy Counsel Joseph G. Braunreuther joins FedArb

December 7, 2023 – FedArb is pleased to announce that Joseph G. Braunreuther has joined its panel. Based in New York and Florida, he previously served as the Deputy General Counsel at Johnson & Johnson. Mr. Braunreuther will serve as a mediator and special master, focused on resolving Business/ Commercial, Class Actions,  Intellectual Property, Pharmaceutical,... Read more »

Ten Ways To Know When To Undertake Mediation

Practitioners often wrestle with the question “when is the best time to undertake mediation of a dispute?” Is it before litigation has ensued although the controversy has arisen? Is it at the outset of the litigation once the complaint has been filed? Is it only after there has been some discovery, an exchange of documents… Read more »

Renowned MDL Federal Judge Eduardo C. Robreno joins FedArb

November 28, 2023 – FedArb is pleased to announce that Hon. Eduardo Robreno (Ret) has joined its panel. Based in Philadelphia, he currently serves as an arbitrator, mediator, special master, corporate monitor and a court-appointed neutral. Judge Robreno will also spend significant time working in Miami and will resolve matters related to antitrust, bankruptcy, class... Read more »

FedArb Updates Its Mass Arbitration Rules

Motion for failure of claimants to meet their contractual prefiling obligations or failure to state a claim can be brought before paying filing fees. Filing fees reduced to $100 per claimant. November 14, 2023 – FedArb announced it updated its consumer and employment Mass Arbitration rules to resolve mass arbitrations more efficiently, and to provide... Read more »

Renowned International Arbitrator Oscar Cruz Barney of Mexico joins FedArb

November 9, 2023 – FedArb is pleased to announce that Oscar Cruz Barney, one of the leading arbitrators and mediators in Mexico, has joined its international panel. Based in Mexico City, Cruz Barney’s practice will focus on arbitration and mediation in cross-border disputes, including in the commercial, energy, consumer products and intellectual property areas. He... Read more »

How to Avoid and Break Mediation Impasse

The very reason for mediation is that the parties are in dispute, whether it a broken business contract, frustrated joint venture partners, a terminated executive, a securities class action, insurance counterparties or mass tort claims. My job as a mediator is to search for and bring the parties to a solution. Everything I do from… Read more »

What Panama Canal Award Ruling Means For Int’l Arbitration

The Aug. 18 Grupo Unidos por el Canal SA v. Autoridad del Canal de Panamá decision by the U.S. Court of Appeals for the Eleventh Circuit is an important decision for international arbitrators and practitioners in several respects, including some unusual procedural twists and a surprising substantive conclusion that should not go unnoticed. The ruling… Read more »

Hon. Susan Braden Appointed to ABA Task Force on AI

September 27, 2023 – FedArb is proud to announce that Hon. Susan Braden has been named to the Advisory Council of the American Bar Association’s Law and Artificial Intelligence Task Force. As the largest lawyer and law student organization in the world, the ABA and its artificial intelligence advisors will help the legal community identify the... Read more »

Don’t Ignore the Benefits of Joint Sessions in Mediation

John Delehanty arbitrator and mediator

Joint Sessions Are Valuable; How to Conduct Them. Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that… Read more »

Arbitrator Selection Is a Key Component of the Arbitration Process

Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected. The parties,… Read more »

Merger Guidelines Should Provide For Competition Trustees

susan braden arbitrator mock trials special discovery master

On July 19, the Department of Justice and Federal Trade Commission announced proposed revised merger guidelines. Immediately, negative critique appeared in the legal and business press, despite the fact that it is highly unlikely these draft guidelines will be substantively changed for political reasons. The proposed guidelines list 13 factors that alone or in combination… Read more »

Tennessee Judge Bernice Donald joins FedArb

Judge Bernice B. Donald, ANTITRUST, APPELLATE, BANKING/LENDER LIABILITY, BANKRUPTCY/RESTRUCTURING, CIVIL RIGHTS, CLASS ACTION, COMMERCIAL DISPUTES, COMPLEX LITIGATION, CONSTRUCTION, CONTRACTS, CORPORATE INVESTIGATIONS/WHITE COLLAR, EMPLOYMENT, ENERGY, OIL, GAS & WATER, ENVIRONMENTAL/CERCLA, INSURANCE/REINSURANCE, INTELLECTUAL PROPERTY, INTERNATIONAL ARBITRATION, MARITIME, MASS TORTS, MDL, MONITORING, PATENT/SEP, PHARMACEUTICALS, PRODUCT LIABILITY, REAL ESTATE, SECURITIES/FINANCIAL SERVICES, SPECIAL MASTER, TELECOMMUNICATION, TRADE SECRET, TRADEMARK & COPYRIGHT
July 25, 2023 – FedArb is pleased to announce that Hon. Bernice Donald has joined its panel as an arbitrator, mediator, special master and advisor for mock trials and monitorships. Based in Tennessee, Judge Donald will focus her practice on resolving bankruptcy, class actions, commercial litigation, employment, insurance, intellectual property, pharmaceutical and trade secrets disputes,... Read more »

Former Arizona chief justice to mediate between California and tribes

Scott Bales, arbitrator, mediator, mock trials, corporate investigation

The tribes claim Gov. Gavin Newson violated the Indian Gaming Regulatory Act in negotiations over reviewing their casino gaming compacts. Four tribes and the state of California have agreed to allow former Arizona Chief Justice W. Scott Bales to mediate their long-running disputes over renewing gaming compacts. Bales served two years as Arizona’s solicitor general… Read more »

NMED, DOE and Salado Isolation Mining Reach settlement

July 7, 2023 – FedArb is proud to announce that Hon. David Levi helped to resolve a major environmental dispute in New Mexico. The New Mexico Environment Department (NMED), in conjunction with the U.S. Department of Energy (DOE) and Salado Isolation Mining Contractors LLC (SIMCO), successfully negotiated a settlement agreement with multiple parties that requested... Read more »

A Breakdown of the Latest Proposed SEC Cyber Regulations

Contact the author As many readers may know, the SEC has been engaged in rule-making on various cybersecurity issues intended to modernize its existing regulations and keep in line with emerging privacy and data security risks and norms. If adopted, it is likely that recently-covered entities will materially increase the compliance burdens on SEC-regulated entities… Read more »

Former Litigation Leader Steven Schatz joins FedArb

Steven M. Schatz, Esq., Arbitrator, Mediator, Monitor Trustee, Special Master, Corporate Investigations
June 13, 2023 – FedArb is pleased to announce that Steven Schatz has joined its panel as an arbitrator and mediator. Based in Northern California, Mr. Schatz will focus his practice on resolving commercial litigation, with a specialty in private equity fund disputes, insurance, M&A and securities disputes. During his nearly 40 years with Wilson... Read more »

Trump’s Greatest Deal

Tuesday April 11, 2023 – The spectacle last week of the former president in the dock was striking. For one who has been around the court system for more than a half century, it's natural to speculate on how this case will turn out. I won't make a prediction - there are too many unknowns.... Read more »

Hon. Timothy Garcia (Ret.) Joins FedArb

Judge Timothy Garcia, arbitrator, mediator, mock trials - corporate investigations, monitoring
December 7, 2022 – FedArb is excited to announce that Hon. Timothy Garcia, has joined its 120-member ADR panel as an arbitrator and neutral evaluator. He brings more than 35 years of legal experience including being both a trial court judge and an appellate court judge in the New Mexico state court system. Judge Garcia... Read more »

The Human Dimension

Judge Jeremy Fogel, arbitration, mediator expert opinion
Former US judge Jeremy Fogel is passionate about giving disputants a chance to be heard November 25, 2022 – Retired federal Judge Jeremy D. Fogel isn't ready to quit his day job as the executive director of the Berkeley Judicial Institute, but he is enjoying the hands-on opportunity to help people resolve their disputes a... Read more »

Hon. Kathleen O’Malley (Ret.) Joins FedArb in Washington, D.C.

Judge Kathleen O'Malley, arbitrator, mediator, mock trials, special master, corporate investigations, monitoring
November 16, 2022 – FedArb is excited to announce that Hon. Kathleen O’Malley, has joined its 120-member ADR panel as an arbitrator and mediator. Based in Washington, D.C., Judge O’Malley will focus her practice on intellectual property, patent, antitrust and complex civil litigation matters. Prior to joining FedArb Judge O’Malley served as a federal judge... Read more »

FedArb aims to be a leader in global patent and tech disputes

Tuesday, October 11th, 2022 FedArb is positioning itself as a leader in international arbitrations involving patents and technology disputes. The company points to the presence of Cedric C. Chao and recently Jerry Roth on its panel as testaments to an elite talent pool it has created to handle high-end cases around the world. Read the... Read more »
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