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Settlement Agreements: Success Without Trial

Settling Litigation: The Power of a Well-Crafted Agreement Stuck in a legal battle that feels like an endless war? You’re not alone. Litigation is usually expensive, time-consuming, and emotionally draining. But there’s a way out. In most cases, settling your dispute outside of court can be the smarter option. Here’s where a well-crafted settlement agreement

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Unlocking Opportunities through Intellectual Property Licensing

IP Licensing Intellectual Property (“IP”) licensing opens doors for businesses to spread their wings, expand their revenue streams, and introduce new products to the market. This licensing is the granting of a right to use IP while retaining ownership of it. Through licensing, companies can venture into new territories not otherwise possible. Though the benefits

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The Importance of Choice of Law Provisions in Sales Contracts

Choice-of-Law Provisions in Contracts Few contract provisions are as important and yet often overlooked as the choice-of-law provision. This provision determines which jurisdiction’s legal framework will govern the contract and shapes how disputes will be resolved and how legal rights will be interpreted. It is essentially the legal compass guiding the contractual relationship. Making the

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When A Not-So-Basic Arbitration Provision Makes Sense

We’ve always tried to cover key aspects of arbitrations on this blog, and why arbitration may make more sense for your situation, as opposed to having to pursue a public lawsuit in court. But when you need fast, injunctive relief, a prior agreement to arbitrate can potentially cause delay and be problematic. Though a major

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A Primer on Investor-State Arbitration

Introduction Per Investopedia, foreign direct investment occurs Foreign direct investment occurs when an individual or a company acquires “an ownership stake in a foreign company or project made by an investor, company, or government from another country. Post-pandemic, foreign direct investment is again on a growth track, and as with other trending industries or growth

Web3 Lawyers
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Is Web3 Dead? Not From Where We are Sitting

Even with some high-profile enforcement actions and general mayhem in the blockchain industry (see here and here), many founders continue to build their projects, gain traction in the market, and receive funding. We know this because we speak with many such entrepreneurs every week. Below is an excerpt from an email I recently sent to

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Harris Sliwoski’s Litigation Team Defeats Motion to Compel Arbitration

On the heels of this post I wrote last month about the importance of how an arbitration clause is drafted, especially in the international context, I’m happy to report my colleagues recently defeated a motion to compel arbitration based on an incomplete provision. The Arbitration Provision in Question Our client (plaintiff) entered into a contract

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Why Mediation is Effective – and How to Make the Most of It

As a final summary post on this year’s California International Arbitration Week, today we’ll be covering mediation and how to make most of the mediation process. Mediation and settlement was a big focus of the conference. One speaker notably stated he believed every dispute, no matter the industry or dollar value, should settle before going

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The Case for International Arbitration

As a secondary summary of what was emphasized during this year’s California International Arbitration Week, today’s post will cover why there seems to be growing consensus that arbitration is the superior choice of all dispute resolution options – and especially in the international context. The arbitration can be tailored to the parties’ specific issues and

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Arbitration Clauses Can Determine Future Success – Or Failure

I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent trends and lessons learned in the context of international arbitration. While much of the content was geared towards attorneys and how we can better facilitate resolution via arbitration, there were several prominent points