Date:  12/01/2009

Time:   Registration/Lunch: 11:30 a.m. Program: Noon - 2:00 p.m.

Location:   Morrison & Foerster LLP 425 Market Street San Francisco, California 94105

Contact:   Genevieve Oransky

Contact Phone:  (415) 268-7105

Description:  

Recent court decisions, the pending Arbitration Fairness Act of 2009, and new "protocols" adopted by leading arbitration institutions have created a new landscape for business-to-business arbitration. In recent years, there has been a "judicialization" of arbitration, with more discovery and more motion practice, which in turn has made commercial arbitrations lengthier and costlier. As a result, in-house counsel no longer automatically insert mandatory arbitration clauses in their commercial agreements, but instead, engage in a thoughtful weighing of the relative benefits of arbitration versus litigation before including such clauses.

In this program, we will discuss:

• Increasing court scrutiny of predispute arbitration agreements, including the flash points for unconscionability claims;
   
• The appropriate scope of discovery, including unresolved issues of how ediscovery can be managed cost effectively;
   
• Case management techniques to make arbitration cheaper and faster;
   
• The “thornier” drafting issues in ADR agreements, including broad confidentiality protection, expanded judicial review, and limits imposed on the remedial power of arbitrators; and
   
• Effective screening of potential arbitrators.

All attendees will receive a complimentary copy of the Rutter Group’s California Practice Guide: Alternative Dispute Resolution (updates not included).

This invitation is open to all clients and friends of Morrison & Foerster LLP. There is no charge to attend this seminar.

Speakers:

• Cedric Chao, Partner and Co-Chair of the International Arbitration Group, Morrison & Foerster LLP (Moderator)
   
• Richard Chernick, Arbitrator and Mediator, and Chairman of the Board and Managing Director of Arbitration Practice, JAMS
   
• Dwight James, Vice President, American Arbitration Association
   
• Michelle Leetham, Vice President, Principal Counsel, and Manager of Litigation, Bechtel Corporation
   
• James Schurz, Partner, Morrison & Foerster LLP, and Adjunct Professor, U.C. Hastings College of the Law, International Commercial Arbitration

Morrison & Foerster LLP (Provider #2183) certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 2.0 hours.