Monthly Archives: August 2014

25
Aug
2014

Schiefelbein to speak at the International Chamber of Commerce’s Conference on Dispute Resolution in Aeronautics

Les will speak at the International Chamber of Commerce’s Conference on Dispute Resolution in Aeronautics on December 4-5, 2014 in Paris on the topic of procedural constraints to the resolution of disputes to include defense secrets, dual use technologies and control of exports. Download the conference brochure here.

20
Aug
2014

Recent Speaking Engagements

  • Harvard Law School, “Tech Disputes- Litigation or Arbitration- A Changing View From Silicon Valley.” Cambridge, October 2016
  • International Centre for Dispute Resolution, “Smarter, Faster, Cheaper Technology Dispute Resolution Conference: An Open Forum with Silicon Valley.” San Francisco, September 2016
  • Santa Clara University School of Law, Center for Global Law & Policy, “Setting Up a Business Overseas to Preclude Government and Contract Disputes.” Santa Clara, April 2016
  • The Chartered Institute of Arbitrators North American Branch, “Resolving Disputes with Companies from Asia: What is the Best Approach?” San Francisco, January 2016
  • Gibbs Gidens Law, “Managing International Disputes: The Corporate Counsel Perspective.” Los Angeles, November 2015
  • Keble College, Oxford University, “Dispute Avoidance and Management.” United Kingdom, September 2015
  • Association of Corporate Counsel Program, “Protecting Your Company’s Intellectual Property Outside the United States. What Role Can International Arbitration Play?” San Francisco, June 2015
  • American Bar Association, Section of Dispute Resolution, “Tech Disputes-Litigation 1.0, Arbitration 2.0  Can You Handle The New Release?” Seattle, April 2015
  • Sandra Day O’Conner College of Law at Arizona State University, “A General Counsel’s View Of Dispute Resolution-International Arbitration As An Alternative to Litigation.” Tempe, February 2015
  • State Bar of California International Law Section-American Bar Association, International Law Section, “International Business.” University of California School of Law (Boalt Hall). Berkeley, February 2015
  • International Centre for Dispute Resolution Miami International Arbitration Conference, “Mock Arbitration of Expedited Procedures.” Miami, January 2015
  • International Chamber of Commerce, International Court of Arbitration, “Procedural Constraints to the Resolution of Disputes in Aeronautics and Aerospace-Engines by GE, Body by Houdini.” Paris, December 2014
  • International Centre for Dispute Resolution, “Why New York Law May Look Attractive to International Business with a Russian Nexus.” New York, November 2014
  • International Chamber of Commerce, International Court of Arbitration, “Key Issues in the Arbitral Process: Confidential Information, Documents, Subpoenas, and Witnesses.” Singapore, June 2014
  • Singapore International Arbitration Centre, SIAC Congress 2014, “Current Issues in International Arbitration-Selection of Arbitrators, Costs, Ethics, and Emergency Arbitrators.” Singapore, June 2014
  • Singapore International Arbitration Centre, SIAC Congress 2014, “New Areas for International Arbitration–Aviation, Financial Services, Private Equity, Healthcare, and Sports.” Singapore, June 2014
  • American Arbitration Association, Board of Directors Meeting, “Dispute-Wise Program.” San Francisco, May 2014
  • American Bar Association, Section of International Law, “Careers in International Law.” Sacramento, CA, April 2014
  • Australian Centre for International Commercial Arbitration, “An International Arbitration Hypothetical, Which Seat in the Asia Pacific Region is Likely to Give You the Outcome You Want?” Sydney, December 2013
  • Herbert Smith Freehills, “The Pursuit of Enforcement: Strategies for Dealing and Disputing with Chinese Parties.” Melbourne, December 2013
  • Hong Kong International Arbitration Centre, “International Arbitration In Asia: A Behind the Scenes Review.” Hong Kong, October 2013
  • California State Bar, International Law Section, “When Are California Companies Using International Arbitration? Is it Working?” San Francisco, September 2013
  • International Centre For Dispute Resolution, “Corporate Counsel Advocacy in International Arbitration-Working Towards a Fair and Economical Process.” Miami, September 2013
  • American Bar Association, Business Law Section, “How Do Companies Really Resolve Disputes?” San Francisco, August 2013
  • American Bar Association, Section of Dispute Resolution, “15th Annual Spring Conference.” Chicago, April 2013
13
Aug
2014

Cases

Les has successfully arbitrated, mediated and litigated the following U.S. and international cases:

  • Current appointments as arbitrator include:
    • an international arbitration involving a Master Franchise Agreement for a commercial product
    • a domestic arbitration involving a default termination for a commercial service between subcontractors under a U.S. government prime contract
    • an international arbitration involving contract delay and payment issues for a defense product
    • an international arbitration involving breach of contract for an aerospace system
    • an international arbitration involving construction issues on an energy production contract
    • an international arbitration involving a software end user license agreement
  • Won major arbitration under the rules of London Court of International Arbitration against satellite operator: Acting as claimant obtained a complete victory, recovering 100 percent of the claimed payments due under a commercial satellite contract, plus interest.
  • Successful resolution under the rules of the ICC International Court of Arbitration where European contractor claimed damages in excess of $150 million in connection with a software development and hardware installation contract. Acting as respondent, obtained a favorable arbitration decision on the liability phase of the arbitration. Thereafter, case settled for a minimal amount.
  • Successful resolution under the rules of the ICC International Court of Arbitration where East Asian contractor claimed damages in excess of $80 million on satellite construction contract. Acting as respondent, obtained favorable settlement during conduct of arbitration. Although insurance had been purchased covering satellite anomalies, the insurers declined to pay claims. Acting as claimant under the rules of the American Arbitration Association, obtained a favorable settlement with insurers during conduct of arbitration.
  • Successful mediation of commercial satellite dispute involving payment of incentives on a commercial satellite contract. After a two-day mediation, the customer agreed to pay over 85 percent of the amount at issue.
  • Won $90 million cost accounting case before the Armed Services Board of Contract Appeals (ASBCA). The Defense Contract Management Agency disallowed approximately $90 million in overhead costs relating to land sales in Silicon Valley. The aerospace company appealed the disallowance to the ASBCA and after a five-day trial the ASBCA judge issued a decision ruling for the company on all points.
  • A competitor had unseated a leading aerospace company in a competition for the next generation of a major national security system. Filed first aerospace industry bid protest to this government agency and Government Accountability Office overturned contract award which lead to the aerospace company securing multi-billion dollar program.
  • Successful outcome to high profile and high dollar value trade secret litigation. A leading aerospace company contended that its proprietary information was used by a competitor to win Air Force launch services contracts. Legal advocacy to Air Force based on information in the complaint prompted Air Force to reallocate $1 billion in launch service contracts to the aerospace company. Thereafter, matter settled to parties satisfaction.
  • Persuaded the Department of Justice that there was no legal basis to institute a lawsuit in matter where simple negligence of an employee caused anomaly in spacecraft landing. Successful advocacy to Department of Justice avoided (1) damages in excess of $100 million to the company and (2) a precedent setting contract interpretation which would stop future planetary science missions by aerospace companies due to unbounded financial risk.
  • Defeated plaintiff claim of $3 billion in high profile Civil False Claims Act litigation.
    Case twice featured on the ABC Nightline News, along with multiple print and online publications.