Worldwide: Litigation, Mediation & Arbitration

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.

On May 14, 2026, the United States Supreme Court delivered an important win for truck crash victims and highway safety. In Montgomery v. Caribe Transport II, LLC, the Court unanimously held that federal law does not shield freight brokers from state-law claims when they negligently hire unsafe motor carriers. The ruling reverses the Seventh Circuit and confirms that negligent-hiring claims against brokers fall within the safety exception of the Federal Aviation Administration Authorization Act.

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Facing a deposition can be daunting whether you're a party to a case or a potential witness. Understanding the deposition process, knowing how to prepare effectively, and learning key strategies for providing testimony under oath can make the difference between a successful deposition and a problematic one.

Oregon's civil discovery rules diverge sharply from federal practice by eliminating interrogatories and generally prohibiting compelled pretrial disclosure of retained expert testimony. Understanding these procedural differences and adapting discovery strategy accordingly can mean the difference between building a winning record and discovering critical gaps too late to address them.

The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...

A California appellate court affirmed the dismissal of Vivek Shah's default judgment against marketing agency Wpromote, finding critical gaps between his boilerplate CIPA allegations and the actual facts pled. The decision highlights how Shah's pattern of cookie-tracking lawsuits continues to unravel when courts apply proper scrutiny to whether his complaints substantively support the legal claims being made.

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An appellate lawyer shares five essential techniques for crafting clearer, more persuasive legal briefs, from eliminating legalese to strategically addressing opposing arguments. These practical tips help attorneys reduce cognitive load on judges while strengthening their advocacy through more accessible and effective writing.

California employers relying on arbitration agreements face new restrictions as Assembly Bill 2155 closes a critical loophole between federal and state arbitration laws. The legislation aligns the California Arbitration Act with Federal Arbitration Act exclusions, fundamentally changing enforcement strategies for workplace disputes. Employers must reassess their arbitration agreements before January 1, 2027, when existing backstop protections disappear.

Explore critical legal challenges facing in-house counsel in 2026, from AI-driven trade secret risks and shadow AI data breaches to litigation exit strategies and the regulatory battle over prediction markets. How are these emerging issues reshaping corporate legal risk management?

For families with substantial wealth, estate planning is often designed to prevent disputes. Trusts are carefully drafted. Assets are placed into entities or trusts. Professional fiduciaries may be appointed to manage property. Succession plans are developed for family businesses.