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Dispute Resolution Committee Webinar
Private Dispute Resolution in International Technology Agreements; Best Practices and Considerations for Drafting ADR Clauses in Technology Agreements
Thursday, December 8, 2016, 12:00 PM - 1:00 PM (UTC-5:00) Eastern Time (US & Canada)
Please join the Dispute Resolution Committee as we welcome Paul Criswell, Thomas Thalhofer and Merriann Panarella.
This Webinar will aid practitioners in planning for alternative or private dispute resolution in international technology transactions. We will address three main issues: First, we will consider why parties would consider private dispute resolution and will focus on selecting among various procedures in particular situations. Second, we will run through a quick checklist of what has to be addressed in an alternative dispute resolution clause and give reference to model clauses. Third, we will discuss particular issues that parties must address in agreements that focus on technology and intellectual property, such as the ability of the Neutral to invalidate or interpret IP claims, provisions for interim relief, consolidation of multi-jurisdictional IP rights and considerations regarding carve-outs for particular topics.
Paul Criswell is an Independent General Counsel, providing on-call counsel services to technology companies and other businesses. He has thirty years of experience in representing technology companies through all stages of growth, from formation to public trading. He has been General Counsel or Associate General Counsel for three publicly-traded technology corporations He has negotiated hundreds of contracts for his clients and has negotiated to resolution scores of business conflicts.
Mr. Criswell has conducted mediation with the Harvard Mediation Program (HMP) since February 2014, mediating in the state Trial Courts in Massachusetts. He is the Court Liaison for the Harvard Program with the Chelsea District Court summary process sessions. He has also been a member of the Harvard Mediation Program Training Corp and has taught mediation to law students and community members at HMP. Privately, he has mediated cases involving wage/hour and non-payment of wages complaints.
Dr. Thomas Thalhofer specialises in contract drafting and project advice in complex national and international IT outsourcing projects and corporate transactions in the area of technology. Other specialisations are IT litigation, software licensing law, data protection law, IT compliance and telecommunications law. In addition to his practice, Dr. Thomas Thalhofer publishes regularly. He is Vice-Chair of the Dispute Resolution Committee of the ITechLaw Association, Co-Chair of the Committee of Experts for Outsourcing of the Deutsche Gesellschaft für Recht und Informatik and member of the Deutsche Anwaltverein (workgroup IT). He also lectures in the course for the qualification Specially Qualified IT Lawyer.
Merriann Panarella, Esq.
Merriann Panarella, a principal of PanarellaADR, is an established mediator and arbitrator with decades of litigation experience as a partner in a leading international law firm. She currently serves on the arbitration and mediation panels of many of the principal dispute resolution institutions including the AAA, CPR, WIPO, ICC, American Health Lawyers Association, FINRA, and the Silicon Valley Arbitration and Mediation Tech List and the mediation panels of the federal and state courts in New York and the state court in Massachusetts.