Litigation Law, Mediation Law and Arbitration Law

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.

Small law firms can lose potential clients for a reason that has nothing to do with legal skill: nobody is available when the inquiry arrives.

Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.

A California federal court recently dismissed a putative class action against Timex, holding that a plaintiff who rejected cookie tracking lacked Article III standing to sue even though the website allegedly...

A penal clause in Quebec contracts predetermines damages for non-performance, offering both protection and limitations. While it simplifies proof of damages for creditors, it may also cap compensation below actual losses. Understanding when additional damages can be claimed and how courts may reduce abusive penalties is essential for effective contract drafting.

A federal district court in North Carolina has ruled that SMS text messages are not subject to the TCPA's Do Not Call protections, marking a significant shift in telecommunications law.

On September 30, 2026, the Second Circuit (covering New York, Connecticut, and Vermont) held that when an employee’s lawsuit includes a sexual harassment or sexual assault claim covered by the Ending Forced Arbitration Act (EFAA), the employee may choose to litigate the entire lawsuit in court, including unrelated claims that would otherwise go to arbitration. Diaz-Roa v. Hermes Law, PC (2d Cir. 2026).

NBA players face complex arbitration procedures when disputes arise with teams or the league over contracts, compensation, discipline, and career-affecting decisions. Understanding which procedure applies, who can initiate it, and the strict deadlines involved can determine whether a player's claim succeeds or fails before reaching the merits.

Receiving a subpoena from the U.S. Securities and Exchange Commission (SEC) in connection with an SEC investigation is a serious matter. An SEC subpoena may require an individual or entity to produce documents, provide information, or appear in person to give sworn testimony.

A federal judge denied a motion for summary judgment by Dish Network in a class action lawsuit under the Employee Retirement Income Security Act (ERISA). The case involves allegations that the satellite company breached its fiduciary duty under ERISA by retaining certain target-date funds (TDFs) despite their lackluster performance.

The Ninth Circuit recently ruled that a gaming platform company forfeited its right to compel arbitration after spending nearly a year litigating in federal court, including filing a motion to dismiss on the merits. The decision examines when litigation conduct becomes inconsistent with preserving arbitration rights and highlights the risks companies face when they delay invoking arbitration provisions while actively pursuing other defense strategies.

A federal district court in North Carolina has ruled that SMS text messages are not subject to the TCPA's Do Not Call protections, marking a significant shift in telecommunications law.