Monthly Archives: January 2015

31
Jan
2015

Les Schiefelbein’s Keynote Remarks at the ICC Conference on Dispute Resolution in Aeronatics

Les spoke 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. Below is his keynote presentation:

ENGINES BY GE, BODY BY HOUDINI

STATE SECRETS AS A PROCEDURAL RESTRAINT TO THE RESOLUTION OF DISPUTES

I would like to thank Andrea Carlevaris and the International Court of Arbitration for the invitation to be a speaker at this at this Dispute Resolution In Aeronautics Conference, and Emmanuel Jolivet for the kind introduction.

The best aviation description of my comments on state secrets is “Engines by GE, Body by Houdini.” The illusionist reference is an aviation descriptor of stealth airplanes whose invisibility to radar detection is like the state secret doctrine in aviation –you know something happened but you can’t find out why or how it happened.

Virtually every national government has a state secrets doctrine. The doctrine is best defined as “any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of a government.”

Let me give state secrets some practical context and review how it is applied in the United Kingdom, the United States and France. Read more

26
Jan
2015

SVAMC “Tech List” Names Les Schiefelbein as one of the World’s Leading Technology Arbitrators and Mediators

Les Schiefelbein was recognized as one of the world’s leading arbitrators and mediators in the technology sector by the Silicon Valley Arbitration & Mediation Center (SVAMC).  SVAMC’s list is composed of exceptionally qualified arbitrators and mediators who are known for their experience and skill in crafting business-practical legal solutions in the technology sector.

SVAMC “Tech List” Names the World’s Leading Technology Arbitrators and Mediators

PALO ALTO, Calif.–(BUSINESS WIRE)–Silicon Valley Arbitration & Mediation Center (SVAMC) released its 2015 list of the world’s leading arbitrators and mediators in the technology sector.

“Silicon Valley litigators and in-house counsel now have what was sorely lacking; a go-to list of exceptionally experienced and talented neutrals who ‘get’ technology and, just as importantly, understand the international tech business world”

Litigation is a huge drain on Silicon Valley and the global technology sector. Research by Stanford University found that in 2010-2012 the smartphone industry alone spent more on litigation–$20 billion–than R&D. Because ADR (alternative dispute resolution) can be a faster, less costly path to resolving business disputes, experienced neutrals can help free up resources for innovation.

SVAMC’s list is peer-vetted and limited to exceptionally qualified arbitrators and mediators who are known for their experience and skill in crafting business-practical legal solutions in the technology sector. Combined, these professionals have successfully handled thousands of mediations and arbitrations.

In-house counsel are increasingly turning to ADR to control legal costs and add predictability to resolving disputes. “Silicon Valley litigators and in-house counsel now have what was sorely lacking; a go-to list of exceptionally experienced and talented neutrals who ‘get’ technology and, just as importantly, understand the international tech business world,” said Rich Gray, former general counsel at Spirent and now a partner at Singularity, a tech litigation and counseling law firm.

The 2015 “Tech List” of leading neutrals includes:

Ray Bender (Washington, DC) James Madison (SF/Silicon Valley)
Gary Benton (SF/Silicon Valley) Robert Morrill (SF/Silicon Valley)
Thomas Brewer (Seattle) Susan Nycum (SF/Silicon Valley)
Maria Chedid (SF/Silicon Valley) Harrie Samaras (Philadelphia)
Chris Compton (SF/Silicon Valley) David Sandborg (SF, Hong Kong)
Michael Diamant (Cleveland) Lester Schiefelbein (SF/Silicon Valley)
Naomi Jane Gray (SF/Silicon Valley) Neil Smith (SF/Silicon Valley)
James Grossman (SF/Silicon Valley) Yarko Sochynsky (SF/Silicon Valley)
Sherman Kahn (New York) Vicki Veenker (SF/Silicon Valley)

All appointees are members of a recognized U.S. or international arbitral or mediation institution panel and are ranked for superior expertise in resolving technology disputes, including corporate, finance, intellectual property, trade regulation, and other operational matters.

About Silicon Valley Arbitration & Mediation Center:

Formed in 2014, SVAMC is a non-profit serving the global tech community through educational programming and activities. SVAMC works with leading technology companies, law firms, ADR institutions and universities around the world to promote the efficient resolution of technology-related business disputes. Visit www.siliconvalleyarbitration.org for additional information.

10
Jan
2015

Les Schiefelbein to speak at ABA Section of Dispute Resolution Spring Conference

Les will speak to the American Bar Association Section of Dispute Resolution Spring Conference on April 17 in Seattle on the topic, “Tech Disputes-Litigation 1.0, Arbitration 2.0  Can You Handle the New Release?”  Arbitration is the updated operating system for technology dispute resolution.  The current Apple-Samsung dispute involved over 50 lawsuits in nine countries.  The presentation provides an alternative universe scenario: What would this litigation battle look like in international arbitration?