Alternate Dispute Resolution

A well-known, colorful, retired patent litigator and ADR-advocate is fond of saying, "Patent litigation is like making love to a gorilla. You're done when it's done." The same can be said for other types of intellectual property cases as well. That being said, although at times clients are compelled to "go to the mattresses," alternate dispute resolution is often in clients' best interests. The Firm's attorneys are skilled in mediation, having received many favorable outcomes for clients in the context of these kinds of nonbinding ADR proceedings. Additionally, certain of the Firm's attorneys have acted as a neutral in alternate dispute resolution proceedings.

We also manage litigation arising after settlements. For example, we defended a tool manufacturer who had agreed, in a complex settlement of a trade-secret and trademark infringement dispute following mediation, to merge with their competitor. Pending the merger's closing, the president and majority shareholder of the competitor attempted to siphon off hundreds of thousands of dollars from his company, which would have deprived our client of the benefit of their bargain. We forced the president to return all monies and caused the merger agreement to be rescinded, following several years of litigation commenced by the competitor alleging contempt of an order calling for the performance of the settlement agreement.