ALTERNATIVE DISPUTE RESOLUTION

Experienced litigators understand that trial is not always the best solution. Many commercial disputes can be settled more quickly, privately, and cost-effectively in mediation, arbitration, or some related hybrid. Our experienced ADR practitioners are part of the trend toward approaching disputes in this more flexible forum, rather than the public judicial arena. Seeking prompt, favorable outcomes, we design procedures that include post-dispute activity or court-assisted procedures including summary jury trial and early neutral evaluations.

For example, we represented a major toy manufacturer in the successful defense of a $3 million arbitration claim for cost overruns relating to a website development project. Final judgment awarded our adversary zero dollars on claim. This representation included complex contract law issues involving change order control, oral modification and waiver.

Representative Matters

• Defended a major chemical manufacturer in an antitrust and patent infringement case in connection with the sale of biogenetically altered seed, involving issues, such as patent misuse, antitrust injury, and analysis of relevant antitrust markets in a dynamic and developing industry sector.
• Defended a major toy manufacturer in multimillion-dollar antitrust action alleging price-fixing, dealer termination, and unlawful refusal to deal.
• Defended a major retailer in an antitrust challenge to nationwide pricing practices.
• Defended a packaging company in lawsuit seeking over $100 million in damages based on allegations of price collusion among producers of corrugated packaging.
• Represented a corporate officer before the European Commission in Brussels in an international antitrust investigation.
• Defended a high level executive in a federal grand jury investigation into price-fixing, territorial allocation, and output restriction in the manufacturing industry.
• Counseled a group of electrical device manufacturers concerning formation of research and development collaboration in accordance with National Cooperative Research and Production Act.
• Counseled a major tool manufacturer concerning sales and marketing practices for complimentary products.