Best Lawyers’ Post

ABC Young Lawyer of the Year / XYZ Emerging Lawyer of the Year goes to Mr. PQR / Ms. MNO. Great to see young lawyers with 03/07 yrs practice getting top 30/50 positions in similar award list. But, surprising to see that neither of these top 30/50 in either of such awards / recognitions would be from core litigation, like, criminal lawyering / writ jurisdictional lawyering / fundamental rights' lawyering. Given names would be from corporate lawyering which mostly takes place beyond court-rooms. Is it really a fact that young lawyers from corporate lawyering only are shining? Or, such awards are like, corporate sector funded awards / advertisements?

Last week could have seen a milestone in my career. My (as of yet) longest-running #litigation should have come to a (preliminary because there is always the appeal) end. Having started in 2012, in these first instance proceedings, a judgment was scheduled to be handed down on Monday. After 12 years, uncountable submissions, multiple expert opinions and a myriad of hearings, long and short. While scheduled, the judgment was not handed down: at the last minute, the court rescheduled, for reasons unspecified. Another delay, and further frustration for the client. This duration is wildly atypical, at least in my experience. And it is also wildly atypical statistically, as data collected by Statistisches Bundesamt (Destatis) shows (link): ▶ In 2022, Germany’s Landgerichte (District Courts) took on average 11.8 months to bring a matter to an end. If the litigation ended with a judgment, 14.6 months. ▶ A stunning 67.3% of all matters were resolved within 12 months. Only 11.1% took longer than 24 months. ▶ The courts with the least average duration to reach a judgment were those in the circuit of the Stuttgart appellate court (9.9 months); with the highest, those of the Hamburg circuit (19.9 months).  Other commercial centers end up at 13.0 (Munich), 17.6 (Berlin), 15.8 (Frankfurt) or 18.0 (Düsseldorf). These stats can be read in a variety of ways. They can be used to substantiate the efficiency of these courts. But that would arguably also require comparing case load; numbers of full-time judges; complexity of matters (which may be indicated by amount in dispute), to name only a few factors. And while these figures are also available, there is no sense in ranking courts. In the end what counts for users is the overall duration, regardless of the reasons. In this context: per the Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) German Arbitration Institute's website, DIS arbitrations take between 18 to 22 months on average. That’s longer than the average litigation in Germany. But for the full picture you have to add the 2nd instance to the duration of German litigations; and the duration of exequatur / set-aside proceedings for (Germany-based) arbitrations before the German courts. The former is 13.5 months, the latter is about 2 to 3 months in my experience. #Takeaway: Good things come to those who wait. But the wait can make good things bad. Courts are aware of this.

David B. Rubin has been included in the 2025 Edition of The Best Lawyers in America® . Only the top 5% of all practicing lawyers in the U.S. were selected by their peers for inclusion.  Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in good standing. More information about Best Lawyers' methodology is available here: https://lnkd.in/dKhwKFm

The Foundation for Advancement of Diversity in IP Law welcomes Ferris D., Jiaquan L., Kian Madani, Kaila Smith, PhD and Rachel Chen Sidney B. Williams, Jr. Scholars Program, commencing in Fall 2024. Congratulations! We look forward to the impactful contributions they will bring. This program celebrates and supports aspiring law professionals who champion diversity in the field, recognizing their academic achievements and commitment to patent law careers. #IPLaw #FADIPL #IntellectualProperty #PatentLaw

Nominations for the prestigious 2024 Antitrust Writing Awards by Concurrences are out. My best wishes to each of them. I had the honour of receiving this award in 2013 for a peer-reviewed article I had co-authored with Naval Chopra "The Curious Case of Compulsory Licensing in India" in the same category. From being a bundle of nerves when first nominated to being the first Indians to win this award was a whirlwind. The article delved into the intricacies of compulsory licensing under Indian patent law in the context of the Supreme Court judgement in Natco v Bayer, and assessed its interplay with the (Indian) Competition Act.  Safe to say, an assessment of patent rights under Indian antitrust is still being debated after the Delhi High Court issued a judgement in Monsanto v CCI a decade later😂 Penning the article was more than just an academic exercise; it was about putting Indian competition law on the global map and addressing complex issues uncharted in India. To the nominees of this year — I hope your insights and analysis continue to push the boundaries of antitrust jurisprudence. #ConcurrencesAwards #CompetitionLaw #Antitrust #LegalExcellence #IndianJurisprudence

I am thrilled to share that over the coming weeks, I will be posting my academic research conducted throughout this year as a Common Law researcher. 📚⚖️ To kick off, today I will be uploading my seminar titled: "Multiparty Cases in International Commercial Arbitration" This seminar delves into the challenges and mechanisms associated with multiparty cases in international commercial arbitration. The first part addresses procedural challenges and legal enforcement issues. The second part explores consolidation mechanisms and procedural tools to manage the complexity of these cases. This work was completed under the expert supervision of Professor WAFA HARRAR MASMOUDI . I am excited to share my findings and look forward to engaging discussions on this intricate topic. Stay tuned for insightful discussions and deep dives into the intricacies of international commercial arbitration and more. Your feedback and engagement will be greatly appreciated! #AcademicResearch #CommonLaw #InternationalArbitration #MultipartyCases #LegalStudies #Research #Law #LinkedInLearning

I thoroughly enjoyed reading Prof Estelle Derclaye's edited book titled 'Research Handbook on Empirical Studies in Intellectual Property Law', which I believe is a timely contribution in this area. My review of the book is now published in Journal of Intellectual Property Law & Practice (Oxford University Press) and is available here. https://lnkd.in/eYpBx5U3 Please feel free to DM me if you do not have access. #intellectualpropertylaw #methodologies #bookreview #publication

We’re excited to announce that the deadline for submissions to the special joint issue of the American University Business Law Review and Intellectual Property Brief has been extended to September 23, 2024! 📝 How to Submit: Submit via Scholastica (https://lnkd.in/gSY-4Jiv) or directly to [email protected]. For more details, check the guidelines and submit now! #IPLaw #IP #CallForPapers #CallForSubmissions #Lawyers #LawReview #BusinessLaw

[Law School News] Call for Abstracts | LHSS Collective's International Virtual Symposium [Submit Abstract by 25th April] Read More Here- https://lnkd.in/gFzT4ryF #CallforAbstracts #HumanitiesandSocialSciences #InternationalVirtualSymposium #LHSS #MNLUMumbai #NationalLawUniversity #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews