Attorneys who handle commercial disputes often will engage in commercial arbitration or mediation, including in jurisdictions that may be unfamiliar to them. Lawyers must be particularly mindful of any ethics rules that may apply when representing a client in these settings.
This program will analyze the ethical frameworks counsel should be familiar with when representing clients in commercial arbitration and mediation. Our panel will cover a range of topics, including the additional rules of conduct that arbitral tribunals and courts impose on counsel and arbitrators, as well as the comparative powers of these institutions to uphold standards and sanction misconduct. Additionally, our speakers - Betsy A. Hellmann, Virginia F. Milstead, Timothy G. Nelson, and Jason D. Russell of Skadden LLP - will review recent ethical issues arising in commercial and international arbitration, including with respect to cybersecurity, virtual hearings, and claims funding.
I. Identify the ethical framework that applies to attorneys appearing as counsel in arbitration
II. Examine the additional arbitral rules regarding the conduct of counsel and arbitrators
III. Review ethical duties particular to mediation and settlement negotiationIV. Explore contemporary ethical issues in commercial and international arbitration, on topics such as cybersecurity, virtual hearings, and claims funding
Jason Russell is the leader of the Los Angeles Litigation Group and co-head of the West Coast litigation practice, representing a wide variety of clients in commercial litigation disputes in federal and state courts throughout the country as well as in international forums.
Mr. Russell has earned a reputation as an adept litigator with particular experience litigating some of the most high-profile cases in the sports and entertainment field, as well as complex class actions.
Mr. Russell has extensive experience in and takes an innovative approach to all aspects of complex litigation matters, ranging from jury trials and appellate arguments to mediation and arbitration. Among other accolades, the Los Angeles Business Journal named him to the 2020 edition of its LA500, recognizing the most influential people in Los Angeles, and as a Top Litigator and Trial Lawyer in Los Angeles in 2019. He also was named by the Daily Journal as one of the Top 20 Under 40 lawyers in the state of California and receiving the prestigious California Lawyer Attorneys of the Year (CLAY) award bestowed by the California Lawyer for “extraordinary achievements” in litigation. He repeatedly has been named as one of Who’s Who Legal’s Top Sports and Entertainment Lawyers and has been named as a Rising Star by Lawdragon.
Mr. Russell’s representations include a diverse number of high-profile disputes, including, among others:
Mr. Russell is actively involved in Skadden’s pro bono efforts, supervising junior associates and personally representing a number of individuals in criminal defense matters. He also serves as co-chair of the Los Angeles office’s Hiring Committee.
Virginia F. Milstead has a broad commercial litigation practice, representing clients in both federal and state courts, with a particular emphasis on securities and merger litigation, director misconduct and related claims.
Ms. Milstead has represented clients in matters involving federal securities laws, duties of corporate directors, civil RICO, unfair business practices, and various other contract and tort claims. Among others, she has represented: Ms. Milstead has been a speaker at various conferences and bar events. Since 2012, Ms. Milstead has been a panelist for the annual Federal Court Boot Camp and Superior Court Boot Camp presented by Pincus Professional Education, at which she has instructed on all facets of civil procedure in federal and state courts. In addition to speaking at events hosted by the Los Angeles County Bar Association, she served as a panelist at the Third Annual William French Lecture at Pepperdine University School of Law, featuring retired Supreme Court Justice Sandra Day O’Connor; and on three occasions she has been a panelist at the Byrne Judicial Clerkship Institute. Ms. Milstead also has organized and conducted new lawyer training related to class actions, legal writing and depositions.
Ms. Milstead has represented clients in matters involving federal securities laws, duties of corporate directors, civil RICO, unfair business practices, and various other contract and tort claims. Among others, she has represented:
Ms. Milstead has been a speaker at various conferences and bar events. Since 2012, Ms. Milstead has been a panelist for the annual Federal Court Boot Camp and Superior Court Boot Camp presented by Pincus Professional Education, at which she has instructed on all facets of civil procedure in federal and state courts. In addition to speaking at events hosted by the Los Angeles County Bar Association, she served as a panelist at the Third Annual William French Lecture at Pepperdine University School of Law, featuring retired Supreme Court Justice Sandra Day O’Connor; and on three occasions she has been a panelist at the Byrne Judicial Clerkship Institute. Ms. Milstead also has organized and conducted new lawyer training related to class actions, legal writing and depositions.
Timothy G. Nelson represents clients in a variety of disputes involving cross-border and international law issues, including arbitration before several major international bodies.
Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), London Court of International Arbitration (LCIA), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL), and the federal and state courts of the United States.
Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG). Mr. Nelson has been involved in litigation arising under the U.S. Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the Helms-Burton Act of 1996, Section 1782 (the cross-border discovery statute), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process. Additionally, Mr. Nelson regularly advises sovereign and corporate clients on public international law issues, including under multilateral treaties, such as NAFTA; the Energy Charter Treaty (ECT) bilateral investment treaties (BITS); and other international trade/investment agreements. He is co-editor of Take the Witness: Cross-Examination in International Arbitration (2d ed. 2018) and the Journal of Enforcement of Arbitration Awards.
Mr. Nelson’s litigation and arbitration experience includes representing:
Before joining the firm in 2000, Mr. Nelson practiced as a commercial litigation attorney at major law firms in England and Australia. He has been selected as a leading lawyer in Chambers Global, Chambers USA, Chambers Latin America, The Best Lawyers in America and Who’s Who Legal - Arbitration. Mr. Nelson also was selected by Benchmark Litigation as a 2016 Benchmark Litigation Star. Mr. Nelson also is a prize winner of the 2013 ILO Client Choice Awards in the New York arbitration category and the Burton Award for legal writing, and has been published several times in leading publications, including a leading treatise on serving foreign defendants from countries that are not party to the Hague Convention, “Overseas in Non-Hague,” in the New York Law Journal.
Betsy A. Hellmann is an experienced litigator with a focus in international dispute resolution.
Ms. Hellmann counsels clients in disputes with foreign counterparties in various industries, including oil and gas, construction, insurance, reinsurance, securities, and telecommunications, in communication with local counsel, foreign governments and regulators, and the media. She also advocates for clients before international and domestic arbitral tribunals as well as U.S. state and federal courts. Ms. Hellmann advises clients on enforcement of dispute resolution clauses, enforcing judgments domestically and abroad, obtaining discovery in foreign jurisdictions, and structuring transactions to secure favorable law and dispute resolution forum.
Noteworthy experience representing claimants includes:
Noteworthy experience defending respondents includes:
Lectures and Presentations