Alternative Dispute Resolution
Complementing our diverse experience before various courts and juries, and recognizing the desirability and efficiency, at times, of alternative solutions to business disputes, our litigators routinely provide comprehensive services and experience in both arbitration and mediation proceedings. Our extensive national practice in alternative dispute resolution also includes domestic arbitration proceedings under the auspices of the American Arbitration Association, UNCITRAL, CPR Institute for Dispute Resolution, JAMS Resolution Centers, the International Trademark Association (INTA), as well as court-specific programs. Several of our litigation partners serve as approved neutrals for these organizations and therefore offer particular expertise. Katten litigators have also served as advocates for clients engaged in international arbitration proceedings, including those conducted by the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Stockholm Arbitration Institute (SCC). In addition, partners in our Litigation Practice have published articles on the enforcement of foreign arbitral awards in the U.S. Courts and have spoken on issues arising under the New York Convention. Accordingly, our ADR-experienced lawyers have the skills and expertise necessary to maximize the potential benefits of ADR in a cost-effective and creative manner. Our lawyers provide our clients with a broad range of ADR services, including:
• Evaluating and screening matters for ADR suitability
• Counseling clients in selecting an appropriate ADR agreement, process and forum
• Evaluating the enforceability of existing or proposed ADR clauses
• Representing a wide array of clients in virtually every kind of ADR process, including arbitration, mediation, mini-trial, mandatory negotiation, and multistep or progressive ADR
• Assisting clients in implementing ADR programs, including efforts to add ADR clauses retroactively to existing contracts
• Counseling clients on trends and new developments in ADR
Katten litigators have represented numerous clients in various types of ADR proceedings involving breach of contract, including acquisition agreements, purchase and sale agreements, performance contracts, software development agreements, consulting agreements, executive compensation and employment agreements, collective bargaining agreements, exclusive distribution agreements, and patent-licensing agreements.
Achieved a complete defense award for a building technology company in an arbitration proceeding under the auspices of the American Arbitration Association (AAA) in which the claimant sought nearly $4 million in damages for alleged breaches of the energy
performance contract between the parties. The single arbitrator’s reasoned award in our client’s favor not only found no breach of contract, but rejected each of the claimant’s various assertions of alleged wrongdoing.
In a dispute involving over $34 million in claims, we successfully defended a hospital management company that was in dispute with its joint venture partner.
The arbitrator ruled that our client owed nothing to the claimant, and awarded our client the full measure of its attorney’s fees and costs.
Successfully pursued an arbitration claim against a well-known greeting card company. Our clients, well-known sports agents, had submitted an idea for a sports greeting card, which they claimed was misappropriated, and copied. Our clients received an
award of over seven figures.
Defended a public funds investment advisor in a dispute with a large investment pool whose assets the advisor had formerly managed. The claimant asserted nearly $3 million in claims for negligence, fraud, breach of fiduciary duty and breach of contract
regarding an investment made by the advisor on the pool’s behalf. A two-week proceeding before a three-member panel of the AAA resulted in a favorable award for the client.
Represented insurance company in mediation over supply agreement with service provider. Effectively analyzed, valued and settled dispute for less than client authority after expending minimal fees and time through early negotiation and case analysis.
Represented purchaser of commercial supply company in seeking indemnification for multimillion dollar claims against sellers for breaches of warranties and representations contained in purchase agreement. Resolved by agreement on eve of arbitration
Successfully defended a mezzanine lender in an arbitration proceeding concerning a contractual dispute arising from a loan made to owners and operators of golf courses.
Represented consumer product manufacturer in arbitration with its distribution partner in dispute over fees incurred in $100 million per year supply agreement. Successfully argued that the agreement was not an unlimited cost plus arrangement but that fees
were subject to an agreed upon budget, leading to favorable settlement terms. As a result of this complex arbitration proceeding, our client was allowed to terminate a multiyear, multi-million dollar agreement before its term.
Represented large energy company in AAA arbitration concerning a “material adverse change” provision in stock purchase agreement. Matter favorably resolved by implementing non-binding mediation through JAMS Endispute.