SlideShare a Scribd company logo
1 of 29
Download to read offline
06/28/09 ADR Services, Inc.
06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],06/28/09 Finesse Impasse by using the Litigation as an Opportunity to Make a Business Deal
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
06/28/09 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
Everybody lies to the mediator 06/28/09
-Sun Tzu,  The Art of War 06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],06/28/09
The tactical use of puffing, selecting, emphasizing, spinning, omitting, exaggerating, obscuring, ignoring, lying and misrepresentation is tolerated—to some extent—in mediation. 06/28/09
-Niccolo Machiavelli 06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
Keeping your ducks in order as you get from point “A” to point “B”   06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
There is nothing like a done deal 06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],06/28/09
[object Object],[object Object],[object Object],[object Object],06/28/09
06/28/09 Thank you!!

More Related Content

Similar to The Adept IP Mediation Advocate

Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
 
Proactive Dispute Resolution
Proactive Dispute ResolutionProactive Dispute Resolution
Proactive Dispute ResolutionPolsinelli PC
 
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
 
Litigators Practical Guide To Successful Mediation
Litigators Practical Guide To Successful MediationLitigators Practical Guide To Successful Mediation
Litigators Practical Guide To Successful MediationEdmund Sikorski, Jr., J.D.
 
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...Osler, Hoskin & Harcourt LLP
 
ALTERNATE DISPUTE RESOLUTION.ppt
ALTERNATE DISPUTE RESOLUTION.pptALTERNATE DISPUTE RESOLUTION.ppt
ALTERNATE DISPUTE RESOLUTION.pptAshishGuwalani4
 
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)Peter Michaelson
 
Wipla Presentation 2009
Wipla Presentation 2009Wipla Presentation 2009
Wipla Presentation 2009jwfrank
 
Commercializing Intellectual Property
Commercializing Intellectual PropertyCommercializing Intellectual Property
Commercializing Intellectual PropertyJane Lambert
 
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...Association for Project Management
 
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
 
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
 
Litigation Tips
Litigation TipsLitigation Tips
Litigation Tipsvitalvic
 
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docx
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docxDysfunctional Behaviors and Related Facilitation Strategies Twelv.docx
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docxkanepbyrne80830
 
Selecting the Right Valuation Expert (Series: Valuation)
Selecting the Right Valuation Expert (Series: Valuation)Selecting the Right Valuation Expert (Series: Valuation)
Selecting the Right Valuation Expert (Series: Valuation)Financial Poise
 
ACC Docket Mediation Article
ACC Docket Mediation ArticleACC Docket Mediation Article
ACC Docket Mediation ArticleWendy Angel, M.S.
 
Common Issues and Strategies in Business Breakups
Common Issues and Strategies in Business Breakups Common Issues and Strategies in Business Breakups
Common Issues and Strategies in Business Breakups Financial Poise
 
Introduction to Commercial Contract Drafting
Introduction to Commercial Contract DraftingIntroduction to Commercial Contract Drafting
Introduction to Commercial Contract DraftingEMLI Indonesia
 

Similar to The Adept IP Mediation Advocate (20)

Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
 
Proactive Dispute Resolution
Proactive Dispute ResolutionProactive Dispute Resolution
Proactive Dispute Resolution
 
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...
 
Effective and Innovative Use of Experts in Mediation and Arbitration
Effective and Innovative Use of Experts in Mediation and ArbitrationEffective and Innovative Use of Experts in Mediation and Arbitration
Effective and Innovative Use of Experts in Mediation and Arbitration
 
Litigators Practical Guide To Successful Mediation
Litigators Practical Guide To Successful MediationLitigators Practical Guide To Successful Mediation
Litigators Practical Guide To Successful Mediation
 
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...
The Procedural Pre-nup: How to Leverage Arbitration Effectively for your Busi...
 
ALTERNATE DISPUTE RESOLUTION.ppt
ALTERNATE DISPUTE RESOLUTION.pptALTERNATE DISPUTE RESOLUTION.ppt
ALTERNATE DISPUTE RESOLUTION.ppt
 
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)
ABA_LAND_v007n06__patent_arbitration_it_still_makes_good_sense(re-print)
 
Wipla Presentation 2009
Wipla Presentation 2009Wipla Presentation 2009
Wipla Presentation 2009
 
Commercializing Intellectual Property
Commercializing Intellectual PropertyCommercializing Intellectual Property
Commercializing Intellectual Property
 
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
Basic Contract Law for PMs webinar Part 3: What to do when things go wrong or...
 
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)
 
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement
 
Litigation Tips
Litigation TipsLitigation Tips
Litigation Tips
 
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docx
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docxDysfunctional Behaviors and Related Facilitation Strategies Twelv.docx
Dysfunctional Behaviors and Related Facilitation Strategies Twelv.docx
 
Selecting the Right Valuation Expert (Series: Valuation)
Selecting the Right Valuation Expert (Series: Valuation)Selecting the Right Valuation Expert (Series: Valuation)
Selecting the Right Valuation Expert (Series: Valuation)
 
ACC Docket Mediation Article
ACC Docket Mediation ArticleACC Docket Mediation Article
ACC Docket Mediation Article
 
Financial Experts in Business Litigation
Financial Experts in Business LitigationFinancial Experts in Business Litigation
Financial Experts in Business Litigation
 
Common Issues and Strategies in Business Breakups
Common Issues and Strategies in Business Breakups Common Issues and Strategies in Business Breakups
Common Issues and Strategies in Business Breakups
 
Introduction to Commercial Contract Drafting
Introduction to Commercial Contract DraftingIntroduction to Commercial Contract Drafting
Introduction to Commercial Contract Drafting
 

More from Victoria Pynchon

Negotiating equity in start ups
Negotiating equity in start upsNegotiating equity in start ups
Negotiating equity in start upsVictoria Pynchon
 
Your Brilliant Career for U.C. Davis School of Law Presentation
Your Brilliant Career for U.C. Davis School of Law PresentationYour Brilliant Career for U.C. Davis School of Law Presentation
Your Brilliant Career for U.C. Davis School of Law PresentationVictoria Pynchon
 
Mediators' List Servs and the Rating Game
Mediators' List Servs and the Rating GameMediators' List Servs and the Rating Game
Mediators' List Servs and the Rating GameVictoria Pynchon
 
How to Terminate Employees without Fear of Litigation
How to Terminate Employees without Fear of LitigationHow to Terminate Employees without Fear of Litigation
How to Terminate Employees without Fear of LitigationVictoria Pynchon
 
Negotiating and Branding Your Professional Organizing Business
Negotiating and Branding Your Professional Organizing BusinessNegotiating and Branding Your Professional Organizing Business
Negotiating and Branding Your Professional Organizing BusinessVictoria Pynchon
 
The Bias That's Bugging Your Business
The Bias That's Bugging Your BusinessThe Bias That's Bugging Your Business
The Bias That's Bugging Your BusinessVictoria Pynchon
 
Don't blame the player, blame the game; Get what you want NOW!
Don't blame the player, blame the game; Get what you want NOW!Don't blame the player, blame the game; Get what you want NOW!
Don't blame the player, blame the game; Get what you want NOW!Victoria Pynchon
 
Conversations Leading to Agreement
Conversations Leading to AgreementConversations Leading to Agreement
Conversations Leading to AgreementVictoria Pynchon
 
Dispute Resolution for Troubled Organizations
Dispute Resolution for Troubled OrganizationsDispute Resolution for Troubled Organizations
Dispute Resolution for Troubled OrganizationsVictoria Pynchon
 
Reframing Law Librarian Careers and Re-anchoring Promotion and Pay
Reframing Law Librarian Careers and Re-anchoring Promotion and PayReframing Law Librarian Careers and Re-anchoring Promotion and Pay
Reframing Law Librarian Careers and Re-anchoring Promotion and PayVictoria Pynchon
 
Project Lily Pad: Sponsorship for Women Lawyers
Project Lily Pad: Sponsorship for Women LawyersProject Lily Pad: Sponsorship for Women Lawyers
Project Lily Pad: Sponsorship for Women LawyersVictoria Pynchon
 
FAWL Negotiating with Alice in Wonderland
FAWL Negotiating with Alice in WonderlandFAWL Negotiating with Alice in Wonderland
FAWL Negotiating with Alice in WonderlandVictoria Pynchon
 
Mediating and Negotiating Gender
Mediating and Negotiating GenderMediating and Negotiating Gender
Mediating and Negotiating GenderVictoria Pynchon
 
ALA Presentation Negotiating Beyond Gender
ALA Presentation Negotiating Beyond GenderALA Presentation Negotiating Beyond Gender
ALA Presentation Negotiating Beyond GenderVictoria Pynchon
 
DRI Women Lawyers' Success Negotiation Seminar Part Three
DRI Women Lawyers' Success Negotiation Seminar Part ThreeDRI Women Lawyers' Success Negotiation Seminar Part Three
DRI Women Lawyers' Success Negotiation Seminar Part ThreeVictoria Pynchon
 
DRI Sharing Success Seminar Negotiation Part Two
DRI Sharing Success Seminar Negotiation Part TwoDRI Sharing Success Seminar Negotiation Part Two
DRI Sharing Success Seminar Negotiation Part TwoVictoria Pynchon
 

More from Victoria Pynchon (20)

Negotiating equity in start ups
Negotiating equity in start upsNegotiating equity in start ups
Negotiating equity in start ups
 
Your Brilliant Career for U.C. Davis School of Law Presentation
Your Brilliant Career for U.C. Davis School of Law PresentationYour Brilliant Career for U.C. Davis School of Law Presentation
Your Brilliant Career for U.C. Davis School of Law Presentation
 
Mediators' List Servs and the Rating Game
Mediators' List Servs and the Rating GameMediators' List Servs and the Rating Game
Mediators' List Servs and the Rating Game
 
Listservs of injustice
Listservs of injusticeListservs of injustice
Listservs of injustice
 
WITI NEGOTIATION WEBINAR
WITI NEGOTIATION WEBINARWITI NEGOTIATION WEBINAR
WITI NEGOTIATION WEBINAR
 
How to Terminate Employees without Fear of Litigation
How to Terminate Employees without Fear of LitigationHow to Terminate Employees without Fear of Litigation
How to Terminate Employees without Fear of Litigation
 
Negotiating and Branding Your Professional Organizing Business
Negotiating and Branding Your Professional Organizing BusinessNegotiating and Branding Your Professional Organizing Business
Negotiating and Branding Your Professional Organizing Business
 
The Bias That's Bugging Your Business
The Bias That's Bugging Your BusinessThe Bias That's Bugging Your Business
The Bias That's Bugging Your Business
 
Don't blame the player, blame the game; Get what you want NOW!
Don't blame the player, blame the game; Get what you want NOW!Don't blame the player, blame the game; Get what you want NOW!
Don't blame the player, blame the game; Get what you want NOW!
 
Conversations Leading to Agreement
Conversations Leading to AgreementConversations Leading to Agreement
Conversations Leading to Agreement
 
Dispute Resolution for Troubled Organizations
Dispute Resolution for Troubled OrganizationsDispute Resolution for Troubled Organizations
Dispute Resolution for Troubled Organizations
 
Self promotion
Self promotionSelf promotion
Self promotion
 
Reframing Law Librarian Careers and Re-anchoring Promotion and Pay
Reframing Law Librarian Careers and Re-anchoring Promotion and PayReframing Law Librarian Careers and Re-anchoring Promotion and Pay
Reframing Law Librarian Careers and Re-anchoring Promotion and Pay
 
Project Lily Pad: Sponsorship for Women Lawyers
Project Lily Pad: Sponsorship for Women LawyersProject Lily Pad: Sponsorship for Women Lawyers
Project Lily Pad: Sponsorship for Women Lawyers
 
FAWL Negotiating with Alice in Wonderland
FAWL Negotiating with Alice in WonderlandFAWL Negotiating with Alice in Wonderland
FAWL Negotiating with Alice in Wonderland
 
Kraft Negotiation Seminar
Kraft Negotiation SeminarKraft Negotiation Seminar
Kraft Negotiation Seminar
 
Mediating and Negotiating Gender
Mediating and Negotiating GenderMediating and Negotiating Gender
Mediating and Negotiating Gender
 
ALA Presentation Negotiating Beyond Gender
ALA Presentation Negotiating Beyond GenderALA Presentation Negotiating Beyond Gender
ALA Presentation Negotiating Beyond Gender
 
DRI Women Lawyers' Success Negotiation Seminar Part Three
DRI Women Lawyers' Success Negotiation Seminar Part ThreeDRI Women Lawyers' Success Negotiation Seminar Part Three
DRI Women Lawyers' Success Negotiation Seminar Part Three
 
DRI Sharing Success Seminar Negotiation Part Two
DRI Sharing Success Seminar Negotiation Part TwoDRI Sharing Success Seminar Negotiation Part Two
DRI Sharing Success Seminar Negotiation Part Two
 

Recently uploaded

HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHelene Heckrotte
 
To Create Your Own Wig Online To Create Your Own Wig Online
To Create Your Own Wig Online  To Create Your Own Wig OnlineTo Create Your Own Wig Online  To Create Your Own Wig Online
To Create Your Own Wig Online To Create Your Own Wig Onlinelng ths
 
Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..dlewis191
 
Anyhr.io | Presentation HR&Recruiting agency
Anyhr.io | Presentation HR&Recruiting agencyAnyhr.io | Presentation HR&Recruiting agency
Anyhr.io | Presentation HR&Recruiting agencyHanna Klim
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessAPCO
 
Live-Streaming in the Music Industry Webinar
Live-Streaming in the Music Industry WebinarLive-Streaming in the Music Industry Webinar
Live-Streaming in the Music Industry WebinarNathanielSchmuck
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfAnhNguyen97152
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentationbaron83
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access
 
Personal Brand Exploration Presentation Eric Bonilla
Personal Brand Exploration Presentation Eric BonillaPersonal Brand Exploration Presentation Eric Bonilla
Personal Brand Exploration Presentation Eric BonillaEricBonilla13
 
Michael Vidyakin: Introduction to PMO (UA)
Michael Vidyakin: Introduction to PMO (UA)Michael Vidyakin: Introduction to PMO (UA)
Michael Vidyakin: Introduction to PMO (UA)Lviv Startup Club
 
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003believeminhh
 
NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023Steve Rader
 
PDT 89 - $1.4M - Seed - Plantee Innovations.pdf
PDT 89 - $1.4M - Seed - Plantee Innovations.pdfPDT 89 - $1.4M - Seed - Plantee Innovations.pdf
PDT 89 - $1.4M - Seed - Plantee Innovations.pdfHajeJanKamps
 
7movierulz.uk
7movierulz.uk7movierulz.uk
7movierulz.ukaroemirsr
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access
 
Introduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxIntroduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxJemalSeid25
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access
 

Recently uploaded (20)

HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptxHELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
HELENE HECKROTTE'S PROFESSIONAL PORTFOLIO.pptx
 
To Create Your Own Wig Online To Create Your Own Wig Online
To Create Your Own Wig Online  To Create Your Own Wig OnlineTo Create Your Own Wig Online  To Create Your Own Wig Online
To Create Your Own Wig Online To Create Your Own Wig Online
 
Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..Team B Mind Map for Organizational Chg..
Team B Mind Map for Organizational Chg..
 
Anyhr.io | Presentation HR&Recruiting agency
Anyhr.io | Presentation HR&Recruiting agencyAnyhr.io | Presentation HR&Recruiting agency
Anyhr.io | Presentation HR&Recruiting agency
 
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for BusinessQ2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
Q2 2024 APCO Geopolitical Radar - The Global Operating Environment for Business
 
Live-Streaming in the Music Industry Webinar
Live-Streaming in the Music Industry WebinarLive-Streaming in the Music Industry Webinar
Live-Streaming in the Music Industry Webinar
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
 
MoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor PresentationMoneyBridge Pitch Deck - Investor Presentation
MoneyBridge Pitch Deck - Investor Presentation
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024
 
Personal Brand Exploration Presentation Eric Bonilla
Personal Brand Exploration Presentation Eric BonillaPersonal Brand Exploration Presentation Eric Bonilla
Personal Brand Exploration Presentation Eric Bonilla
 
Michael Vidyakin: Introduction to PMO (UA)
Michael Vidyakin: Introduction to PMO (UA)Michael Vidyakin: Introduction to PMO (UA)
Michael Vidyakin: Introduction to PMO (UA)
 
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
The Vietnam Believer Newsletter_MARCH 25, 2024_EN_Vol. 003
 
Investment Opportunity for Thailand's Automotive & EV Industries
Investment Opportunity for Thailand's Automotive & EV IndustriesInvestment Opportunity for Thailand's Automotive & EV Industries
Investment Opportunity for Thailand's Automotive & EV Industries
 
NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023NASA CoCEI Scaling Strategy - November 2023
NASA CoCEI Scaling Strategy - November 2023
 
PDT 89 - $1.4M - Seed - Plantee Innovations.pdf
PDT 89 - $1.4M - Seed - Plantee Innovations.pdfPDT 89 - $1.4M - Seed - Plantee Innovations.pdf
PDT 89 - $1.4M - Seed - Plantee Innovations.pdf
 
7movierulz.uk
7movierulz.uk7movierulz.uk
7movierulz.uk
 
Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024Borderless Access - Global B2B Panel book-unlock 2024
Borderless Access - Global B2B Panel book-unlock 2024
 
WAM Corporate Presentation Mar 25 2024.pdf
WAM Corporate Presentation Mar 25 2024.pdfWAM Corporate Presentation Mar 25 2024.pdf
WAM Corporate Presentation Mar 25 2024.pdf
 
Introduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptxIntroduction to The overview of GAAP LO 1-5.pptx
Introduction to The overview of GAAP LO 1-5.pptx
 
Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024Borderless Access - Global Panel book-unlock 2024
Borderless Access - Global Panel book-unlock 2024
 

The Adept IP Mediation Advocate

Editor's Notes

  1. This chart shows a reversal rate at the Markman preliminary hearing to be between 25% and 1/3. If we factored in trial, appeals, reversals on appeal and re-trials, we probably approach a 50-50 chance that any patent infringement plaintiff will prevail and any defendant will successfully resist. If your dispute resolution mechanism is no better than a flip of the coin, it’s time to find a better way to resolve the dispute at hand.
  2. Today we’ll cover four strategic decisions every IP litigator and client need to make during the course of any IP or complex commercial litigation: driving the timing of negotiations and mediations; preparing for those negotiations; dealing with deception; bridging gaps and closing a deal.
  3. Former Disney GC and new Los Angeles Superior Court Judge Lou Meisinger always counseled his clients to finesse impasse in settlement negotiations by using the litigation itself as an opportunity to make a business deal. If you are a litigator, it’s good for you to know that 70% of your clients believe the management of their IP should be treated as a STRATEGIC rather than a LEGAL issue. We’re assuming for this seminar that you are already engaged in IP litigation; your client has already decided that its business problem is burdened with legal issues that should be resolved in the courts. The enthusiasm for that process usually begins to wane six months into the litigation, particularly where discovery burdens are great & progress cannot yet be charted.
  4. Let’s take a look at the types of results clients can achieve through negotiation , some of which will not be achieved even by victory in the trial court. Throughout this discussion, we will be assuming that the settlement of the litigation itself is simply one bargaining chip that IP owners can use in a more complex and sophisticated negotiated business deal: Items 1-6, 9 and 10 are goals while numbers 7 and 8 are really just two of the means to reach those goals. The bargaining chips the parties have to exchange include their different technologies; their ability to combat common enemies; their ability to market or leverage the value of their IP; and, their common and differing commercial goals. 1.
  5. The negotiation means to achieve the twin goals of settlement and commercial advantage include preparation; guarding against and using permissible means of deception; bridging the gap between the parties and closing the deal.
  6. If we have any experience in mediating complex commercial cases, we know that we knowingly and unknowingly serve as the parties’ tools to achieve the ends they wish to reach. Your first opportunity to learn how to use (or manipulate) your primary mediation tool – the mediator, is with a pre-mediation telephone call. The bullet points are the LEAST you can gain through a telephone call with your mediator. More sophisticated counsel will . . . Next slide . . .
  7. Preparation for the negotiated resolution of a lawsuit is more like preparation for buying a business than it is preparation to prove your case at trial; what are the goals; strengths; weaknesses; needs of your “adversary” – what does it need that you have; can you use differences of opinion about future & differences in risk tolerance to make trade; synergies possible? The terrain is not constrained the facts relevant to the litigation; it is as broad as your client’s CEO’s imagination
  8. Who to bring from the outside counsel team; the in-house legal team and the corporate transactional team is as important a decision as any other in approaching the negotiation
  9. On bet the company cases; some attorneys are trial running their mediations; playing both sides of the table before the day at hand and sometimes hiring a mediator to play the “role” of a mediator; it’s usually not difficult to identify the best negotiator and it may well not be the lead trial attorney
  10. We’re in litigation but we are always open to making a business deal should be said early and often and it should be sincere
  11. We mentioned “mock” mediations before. They can help not only with delivery of planned message but also tease out the weaknesses in your game before the day of the game; it also assists the parties come to grips with early rosy predictions & later reverses in the litigation itself