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Jay Spillane Delivers Update on Business Arbitration to ProVisors’ Valley LLP Group

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“What Business Lawyers Need to Know About Arbitration” was the topic of a December 16, 2014, lunch seminar Jay Spillane delivered to the San Fernando Valley LLP ProVisors affinity group. In the presentation, Jay suggested business lawyers take another look at the “old-school” arbitration clause lawyers have included in contracts for years: “Any disputes arising under or related to this agreement will be resolved by binding arbitration before the American Arbitration Association.” Instead, Jay urged, business lawyers should consider a host of other matters that have been litigated since that now outdated language first came into use. Those issues include the following:

• Scope of matters submitted to arbitration
• Arbitral society to adjudicate claims
• Forum and choice of law
• Single neutral or panel
• Discovery rights
• Timing and conduct of hearing
• Available remedies
• Basis for decision
• Appellate rights

For more information about best practices for business arbitration clauses,  see below:   read more

Will Juries Uncover ‘The Truth’?

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I recently read that the greatest obstacle to clear persuasive writing is for the author to forget what s/he knows, and write for the eyes of the reader, who likely has no prior knowledge about the subject.

A similar process must be undertaken when evaluating with a client how a jury is likely to see the conduct of the parties at trial.

I often have clients ask me whether, at trial, the jury or judge will see the “truth” as they know it. The clients have lived the underlying controversy. They have packed into their memories many more conversations, thoughts and writings than could ever be admitted into evidence at trial. read more

Jay Spillane Named One of 2015 ‘Best Lawyers in America’

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By Staff

Spillane Trial Group PLC announced today that Jay Spillane is listed in the 2015 edition of Best Lawyers in America. Jay was selected by his peers for inclusion in the 21st edition of the publication because of his successful commercial litigation practice, which centers on high-stakes lawsuits.

To select the nation’s best lawyers, the publication conducts peer-review surveys through which thousands of lawyers are evaluated annually. Only lawyers who meet the publication’s stringent requirements make the list. For 2015, 52,488 lawyers representing 137 different practice areas are included.

Best Lawyers is the legal profession’s oldest and most respected peer-review publication. read more

Jay Spillane Delivers Update on Anti-SLAPP Litigation to ProVisors LLP Group

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By Staff

Anti-SLAPP litigation, an overview and recent developments, was the topic of a recent lunch seminar Jay Spillane, along with Akin Gump partner Michael Small, delivered to the Los Angeles LLP ProVisors affinity group in early August. Anti-SLAPP suits are authorized by California Code of Civil Procedure Section 425.16 as a defense to a strategic lawsuit against public participation (SLAPP). The anti-SLAPP statute was enacted to counter lawsuits that “chill” the “valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.”

SLAPP and anti-SLAPP motions are maneuvers parties employ in many bet-the-company lawsuits, and the procedures differ from typical civil cases. read more

Jay Spillane Listed Among Top Digital and E-Commerce Lawyers

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By Staff

The Los Angeles Business Journal included Jay Spillane among 27 other prestigious lawyers in its “Most Influential Lawyers: Digital Media and E-Commerce Law” list published July 21, 2014. Among a list of largely large firm lawyers, Jay stands out as a small firm lawyer taking on high-stakes litigation.

“In the area of Internet litigation, he enjoys the reputation of being the lawyer a company must hire if they are being sued for online infringement under the Digital Millennium Copyright Act or the Communications Decency Act,” wrote the LABJ.

To read more, follow this link: https://www.cbjonline.com/a2labj/supplements/MostInfluentialLawyers_20140721.pdf read more

Hollywood Meets Silicon Valley

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In “Hollywood Versus Silicon Valley,” I wrote of a series of epic court battles – Napster, Grokster, Youtube – that pitted Hollywood companies, owners of copyrighted content, in court against Silicon Valley innovators, creators of Internet technologies that enabled information sharing but also trading in infringing works.  The court battles against Napster and Grokster lead to the demise of those services.  In the case of Youtube, by contrast, Youtube co-opted some potential adversaries by engaging them with licensing/channel agreements, and has largely convinced the courts that it has complied with copyright law by acting promptly in response to takedown notices from copyright owners. read more