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Posts By: Stephen Fahlsing

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 »

Hon. Nancy Friedman Atlas Joins FedArb in Texas

judge nancy atlas, arbitrator, mediator, mock trials, special master
October 13, 2022 – FedArb is pleased to announce that Hon. Nancy Atlas has joined its 120-member ADR panel as an arbitrator, mediator and special master. Based in Houston, Texas, Judge Atlas will focus her practice on commercial litigation, e-discovery, insurance, intellectual property, product liability, securities, trade secrets and trademark disputes. Prior to joining FedArb,... Read more »

FedArb and SIAC Announce Strategic Alliance

Left to Right: Kennen D. Hagen, FedArb CEO, Adrian Uson, Singapore International Arbitration Centre Head (Americas), Cedric Chao, Co-chair of the FedArb International Practice, Gloria Lim, Singapore International Arbitration Centre CEO, Kevin Nash, Singapore International Arbitration Centre Registrar August 29, 2022 – FedArb and the Singapore International Arbitration Center (SIAC) have announced a new strategic... Read more »

The Supreme Court ends discovery for use in foreign arbitrations – or does it?

Kennen D. Hagen
International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other salient features. Still, many parties in arbitration find situations that demand discovery akin to that available in U.S. judicial proceedings. One federal statute—28 U.S.C. § 1782 – has been used by parties in commercial and investor-state arbitrations... Read more »

Hon. O. Peter Sherwood (Ret.) Joins FedArb’s Panel

Justice Peter Sherwood, Arbitrator, Mediator, Mock Trials, Special Discovery Master
June 15th, 2022 – FedArb is delighted to announce that Hon. O. Peter Sherwood (Ret.) has joined its nationwide ADR panel as a mediator, arbitrator and special master. Based in New York, Judge Sherwood specializes in resolving commercial, construction, civil rights, employment, insurance, professional malpractice and securities matters. Justice Sherwood retired from the bench in... Read more »

Justice Jaynee LaVecchia named a 2022 Medal of Honor Award Recipient

Jaynee LaVecchia, arbitrator, mock trials, corporate investigation
May 13th, 2022 – FedArb is very proud to announce that Hon. Jaynee LaVecchia (Ret.) has been selected for the New Jersey State Bar Foundation's Medal of Honor Award. It's given annually to lawyers and law-related professionals who best exemplify the following criteria: significant contribution to the advancement or improvement of the justice system or the... Read more »

Justice Jaynee LaVecchia Joins FedArb’s Panel

Jaynee LaVecchia, arbitrator, mock trials, corporate investigation
May 10th, 2022 – FedArb is proud to announce that Hon. Jaynee LaVecchia (Ret.) has joined its panel as a mediator, arbitrator and special master. Based in New Jersey, Judge LaVecchia specializes in resolving commercial, employment, civil rights, environmental, health care, insurance, product liability and compliance and monitoring matters. Justice LaVecchia served as an Associate... Read more »

Former Goodwin Procter Chair David M. Hashmall Joins FedArb

David Hashmall, mediator
April 21st, 2022 – FedArb is proud to announce that David M. Hashmall has joined its panel as a mediator. Based in New York, Mr. Hashmall specializes in resolving Intellectual Property, Antitrust, Securities, Commercial and Securities disputes. Mr. Hashmall has more than 40 years of experience litigating complex commercial, securities and antitrust matters. His extensive... Read more »

Avoiding Pitfalls in Preparing a Mediation Term Sheet

If the parties can agree upon a settlement in mediation, it is essential that they put their agreement in writing, even if the mediation extends well into the night. Waiting until the next day can be dangerous since parties often change their minds about the deal after sleeping on it. The best way to memorialize... Read more »

Putting in a Good Word for Compromise – James C. Freund

TUESDAY, DECEMBER 21, 2021 In the business world, the need for compromise arises both in making deals and in resolving disputes - a duality that's crucial to recognize in approaching the subject. Click here to read James C. Freund's article entitled "Putting in a Good Word for Compromise" that recently published in Alternatives. Read the... Read more »