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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally

Lee Gesmer’s Mass Law Blog follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

Arbitration (third) – Arbitration or Court?

Arbitration (third) – Arbitration or Court?

In my first two posts on arbitration (here and here), I told a couple of war stories about what goes on behind the scenes in arbitration - what I called the “sausage factory.” To close this series, here are some general observations on arbitration. Should I include an arbitration clause in a contract? This can be a difficult question, with pros and cons on either side, and no obvious answer. And, since arbitration is typically in the “boilerplate” section of a contract it often receives little...

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Arbitration War Stories (second) – Return to the Sausage Factory

Arbitration War Stories (second) – Return to the Sausage Factory

The second arbitration anecdote I’d like to share (see my first “sausage factory” anecdote here) involved, once again, a 3-person arbitration panel. The case arose out of a manufacturer-distributor relationship. Here’s how the business worked. The high-priced hardware product at issue was sold to businesses via a national network of dealers, and the dealers often encountered price competition from competing manufacturers of this type of product. If a dealer lowered its price to meet the...

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Arbitration War Stories (first)

Arbitration War Stories (first)

“The thing to fear is not the law, but the judge”  Russian Proverb I’ve been arbitrating legal disputes since the early 2000s. Here is the first of a couple of anecdotes I'll share. I am referring here to my experience as the arbitrator, not an attorney arguing a case before an arbitrator.  My cases have varied enormously, from huge multimillion dollar disputes to relatively small cases involving under a hundred thousand dollars. You might think that when I look back on these cases I have...

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Gesmer Updegrove LLP Files Comments and Recommendations With DOC

Gesmer Updegrove LLP Files Comments and Recommendations With DOC

[This post is adapted from Andrew Updegrove’s August 5, 2020 post] Since May of 2019, standards setting organizations (SSOs) and U.S. companies have been struggling with the blowback from the decision by the U.S. Department of Commerce (DoC) to add Huawei and scores of its affiliated companies to the “Entity List” maintained by the U.S. Bureau of Industry and Security. In June of 2020, the DoC released a long-awaited “Interim Final Rule,” providing a safe harbor for U.S. companies and Huawei...

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer