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.

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.

Boat operators face legal responsibility when excessive speed or dangerous wakes cause accidents on the water. Understanding safe speed requirements, no-wake zones, and how speed violations factor into maritime injury claims can help determine liability when collisions, wake damage, or passenger injuries occur.

Recent federal court decisions are reshaping TCPA litigation by narrowing the scope of actionable communications and consent requirements. Multiple district courts have ruled that text messages...

The US Court of International Trade has certified a nationwide class action for importers seeking refunds of duties unlawfully collected under IEEPA tariffs, while CBP launches Phase 3 of its CAPE refund system for finally liquidated entries. With approximately $30 billion in unlawful duties potentially remaining in the Treasury, these developments create new pathways for importers to recover funds following the Supreme Court's invalidation of President Trump's tariff authority under IEEPA.

A federal court in New York's Northern District has issued a pivotal ruling on whether warehouse employees must be compensated for time spent walking between security checkpoints and timeclock stations. The decision examines the interplay between federal Portal-to-Portal Act limitations and New York state wage regulations, with significant implications for employers operating large distribution facilities.

Neutral evaluation is an invaluable tool, particularly in patent litigation. I speak with authority, having spent 20 years on the federal bench in Delaware, seven of them as chief judge. Delaware is one of the busiest patent venues in the country.

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

In this episode of the JAMS podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb, Hugh E. Hackney, Esq., and Zela "Zee" G. Claiborne, Esq. examine the commercial and contractual fallout of disruptions to global energy transportation and how mediation and arbitration can keep energy moving while the larger disputes are resolved.

Recent U.S. court decisions have produced significant consequences for Japanese companies doing business with the United States, spanning tariff refund mechanisms, jurisdictional challenges, and substantial patent verdicts. This advisory examines six critical developments that could reshape legal strategies for Japanese exporters and technology companies operating in the American market.

Trade secret holders face a critical timing challenge when seeking preliminary injunctive relief: they must develop sufficient evidence of imminent, irreparable harm while acting quickly enough to preserve the urgency that justifies emergency court intervention. This analysis examines how courts evaluate irreparable harm in trade secret cases, the evidentiary requirements for different types of misappropriation...

Recent federal court decisions are reshaping TCPA litigation by narrowing the scope of actionable communications and consent requirements. Multiple district courts have ruled that text messages...