Litigation Law, Mediation Law and Arbitration Law

Defamation risk has escalated dramatically in the digital age, where false statements persist indefinitely online and are now being absorbed into AI systems that can reproduce them at unprecedented scale. This analysis examines five critical strategies businesses must implement to protect their reputations proactively, from identifying vulnerabilities before publication to taking control of their own narrative when false information emerges.

States across the country are expanding anti-SLAPP protections, with nine states enacting or strengthening laws since 2025. Most have adopted the Uniform Public Expression Protection Act (UPEPA), giving defendants new tools to seek early dismissal of lawsuits.

A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega

A Delaware bankruptcy court ruling clarifies that trustees can pursue subsequent transferees in fraudulent transfer cases without naming the initial transferee as a defendant, though they must still prove and avoid the initial transfer. This decision provides critical guidance for vendors and creditors who may face clawback exposure even when the original wrongdoer isn't sued directly.

In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful reminder that courts will read damages limitations by their actual scope, not by their perceived practical effect.

A bankruptcy court in New York conditionally granted a motion to dismiss fraudulent transfer claims, finding that the plaintiff's complaint failed to meet federal pleading standards. The decision examines the requirements for adequately pleading both federal and state fraudulent transfer claims in adversary proceedings.

A federal court recently denied class certification in a TCPA case after the plaintiff destroyed critical evidence by throwing his cell phone into the Mississippi River during litigation. The court found the plaintiff inadequate to represent the class due to this spoliation of evidence, which prevented the defendant from conducting forensic analysis and created a unique conflict of interest that other class members would not share.

Federal courts are grappling with whether communications with generative AI platforms receive attorney-client privilege or work product protection, with outcomes varying between criminal and civil cases. Recent rulings reveal critical distinctions in how courts treat AI-assisted materials depending on who uses them and whether counsel directed their creation.

Defamation risk has escalated dramatically in the digital age, where false statements persist indefinitely online and are now being absorbed into AI systems that can reproduce them at unprecedented scale. This analysis examines five critical strategies businesses must implement to protect their reputations proactively, from identifying vulnerabilities before publication to taking control of their own narrative when false information emerges.

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.