SECTION UPDATES
Intellectual Property Section and Dispute Resolution Section
On January 10 , 2024 , the Atlanta Bar Intellectual Property Section and the Dispute Resolution Section jointly presented a luncheon program entitled “ Using ADR to Resolve Intellectual Property Issues ” at One Atlantic Center . JAMS neutrals Joyce B . Klemmer and William H . Needle , and IP litigator Daniel A . Kent were panelists and Scott Zucker , Chair of the Georgia Dispute Resolution Section , was moderator . The panel discussed ADR options that can be effectively utilized to resolve or streamline patent , trademark , copyright , trade secret and licensing disputes before or after the commencement of litigation . The panel also discussed the importance of a well drafted arbitration clause and certain aspects of mediation including timing , mediation statements , and techniques for “ getting to yes .”
The Dispute Resolution Section presented an exciting program in February that gave Bar members some rare insights into the hidden world of arbitrator decisionmaking . The program was titled , “ Do Arbitrators Really Do That ?! A peak behind the curtain at how arbitrator ’ s think and decide .”
The panel of experienced arbitrators — Judge Gail Tusan , Shelby Grubbs , and Melinda Cooper Holladay ; moderated by Henry Chalmers — explored things arbitrators do ( and don ’ t do ) that litigators might not realize or understand . Among the topics discussed were : Applying the rules of evidence and civil procedure ; considering legal issues or authorities not raised by the parties ; limiting discovery and issuing non-party subpoenas ; managing the hearing process , including through the use of chess clocks ; dispositive motions and motions in limine ; witness statements in lieu of direct examinations ; closing arguments and post-hearing briefing ; and how and when panelists discuss evidence and draft awards . The program ended with the Panel taking questions from the audience .
The program was of particular interest to newer arbitrators who are still learning their craft , as well as litigators who represent clients in arbitration and are seeking insights into how best to prepare and present their cases to their “ jury ” of arbitrators .
Two additional CLE breakfasts at the Buckhead Club are planned before the end of this program year . March ’ s topic is Mediation at the Eleventh Circuit . In May , the Dispute Resolution Section will jointly sponsor its program with the Administrative Law Section of the State Bar of Georgia . The topic will be Government Agencies and ADR : Opportunities , Trends and Best Practices .
Recognizing the importance of networking and socializing , the Dispute Resolution Section is planning a Social Networking Event co-sponsored by the Women in the Profession Section and the Georgia Association of Black Women Attorneys on April 18th . This fun evening roof top event will be held at King and Spalding .
Neutrals , attorneys and judges are always welcome to attend the DRS programs and activities !
SR . JUDGE GAIL TUSAN JAMS ADR GTusan @ jamsadr . com
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