Publications

Experience with litigation resolves disputes; experience with disputes resolves litigation.

“Special Masters: Helping Judges’ Reach Exceed Their Grasp,” ALTERNATIVES (International Institute for Conflict Prevention and Resolution) (June 2017).

Read it here.


“We’ve Just Made Peace, Let’s Address the Next War: Taking Some Care To Get Dispute Resolution that Works for You,” TROUTMAN SANDERS PRIVATE EQUITY QUARTERLY, Summer 2016, reprinted in LAW 360, September 1, 2016.


“Writing Arbitration Clauses to Get the Arbitration You Want,” Law 360 (August 9, 2016) (with Nicholas Schuchert).

Read it here.


“Special Masters: A Different Answer to a Perennial Problem,” ABA THE JUDGES JOURNAL (with James Rhodes and Karl Bayer), v. 55 No. 2 (Spring 2016) at 26.

Read it here.


“Overlitigation is Killing Us: How In-House Counsel Can Get the Service They Deserve,” CORPORATE COUNSEL (May 2016).


“Getting It Right: The Other Challenge for Arbitration,” D.C. BAR LITIGATION SECTION QUARTERLY UPDATE at 16 (Winter 2015/2016).


“Getting to Yes … or No: Dispute Resolution that Resolves Disputes,” ALTERNATIVES (International Institute for Conflict Prevention and Resolution), v. 33 No. 7, at 1 (July/August 2015), reprinted in International Arbitration Journal (Oct. 2015).


Special Masters: How To Make the Best of Both Worlds (multi-part posting on Karl Bayer’s Disputing blog, beginning November 2014).

Read it here.


“How to Hold Down Costs of Adjudication: Even in the US,” TerraLex Connections (October 2014).


“Background of the Illinois Brick Decision,” Appendix, ABA Section of Antitrust Law’s Indirect Purchaser Litigation Handbook (August 8, 2007).


Reverse Payment Settlements, ANTITRUST (Summer 2007).


“I Didn’t Say Orphan Often: The Benefits of a Bright-Line Rule Banning Brand to Generic Payments in Hatch-Waxman Patent Settlements,” ABA Antitrust Health Care Chronicle, Vol. 19, No. 2 (Summer 2005).


“Are False Positives Really So Negative? A Response to Kevin McDonald,” ANTITRUST, Vol. 17 No. 3, at 83 (Summer 2003).


“The Essential Facilities Doctrine: Keeping the Word ‘Epithet’ from Becoming One” (March 21, 2003).

Read it here.


“In Re High Fructose Corn Syrup: A New Form of Chicago School Education,” Findlaw.com (November 1, 2002).


“Can An Insurer and An Insured Settle an Insurance Policy?,” 11 Mealey’s Litig. Rep. at 15.


ABA’s Antitrust and Telecommunications Practice Guide, Sherman Act Section 2 Chapter, Co-Author.

I will manage your dispute fairly and efficiently.

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