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

    • SVAMC/ICC, “ADR Choices for Silicon Valley Companies in International Arbitration.” Palo Alto, May 2018
    • SVAMC/KAB Advocates, “Overview of the SVAMC and its Current Initiatives in Technology Arbitration.” Paris, April 2018
    • AAA/ICDR, “The Implications of Technology-Intensive Aerospace, Aviation and National Security Disputes.” Washington D.C., April 2018
    • University of California, Berkeley School of Law. “ADR in Tech- What the GC and Wall Street Know or Should Know.” Berkeley, March 2018
    • European Aerospace and Defence Legal Counsel Forum, “Transformation by Technology and Digital World: Internet of Things.” Toulouse, March 2018
    • American Arbitration Association, “I Want to Be the Chair: Scenarios on AAA Tribunal Relations.” San Francisco, November 2017
    • Seoul Academy for International Arbitration, Faculty Member. “New Features in International Arbitration Rules: Whether These Changes Have Made International Arbitration More Effective?” Seoul, November 2017
    • Shenzhen Court of International Arbitration, “International Arbitration Issues Related to Disputes in the Technology Sector.” Shenzhen, November 2017
    • Hong Kong International Arbitration Association, “Resolving Cross-Border IP and Technology Disputes Through ADR: U.S. and Hong Kong Perspectives.” Hong Kong, November 2017
    • Stanford Law School, “The Evolving Use of International Arbitration and Mediation for Disputes in the Technology Sector.” Palo Alto, November 2017
    • Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law at Arizona State University, “Phoenix to Paris and Other Legal Destinations.” Phoenix, October 2017
    • American Arbitration Association, Webinar Panelist: “Aviation, Aerospace and National Security.” San Francisco, October 2017
    • American Bar Association Annual Spring Conference, “Third Party Funding in ADR – What You Need to Know.” San Francisco, April 2017
    • 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

Recent Arbitration Experience

  • ICC Arbitration, dispute between an international software company and an Asian company for breach of a software license.  Korean governing law.
  • ICDR Arbitration, dispute between a Chinese investor and a US property development company for breach of contract.  New York and Delaware governing law.
  • ICDR Arbitration, dispute between a US manufacturer and a Kuwait distributor for breach of a Master Franchise Agreement for product sales in Kuwait, United Arab Emirates, Saudi Arabia, Qatar, Oman and Bahrain.  Delaware governing law.
  • AAA Arbitration, sole arbitrator for three-week hearing, dispute between two US subcontractors under a US Government prime contract for breach of contract for a commercial product. Arizona and Government Contract governing law.
  • ICDR Arbitration, sole arbitrator, dispute between a US contractor and an Afghan company for breach of contract on a construction project in Afghanistan.  California governing law.
  • ICDR Arbitration, dispute between a Canadian company and a US company for breach of contract for a defense product under a US Government contract. Massachusetts governing law.
  • ICC Arbitration, dispute between a US manufacturer and Turkish company for breach of contract for a commercial aerospace system. Swiss governing law.
  • ICC Arbitration, dispute between a Spanish company and a US company for breach of contract for an energy construction project.  Arizona governing law.
  • ICDR Arbitration, dispute between two US companies for breach of contract for a commercial health service product.  California governing law.
  • ICDR Arbitration, dispute between a US company and a Asian company for breach of contract for a travel services program.  California governing law.

Illustrative Experience as Counsel

Les’s extensive experience as corporate counsel and as a US Air Force Judge Advocate legal officer has included significant litigated/arbitrated and mediated matters:

  • 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.