Litigation Law, Mediation Law and Arbitration Law

Artificial intelligence has transformed the speed of document retrieval in legal investigations, but does rapid access to records constitute a truly defensible evidence foundation? This article examines the critical gap between AI-powered search capabilities and the structured, traceable investigative processes required in construction disputes and other complex litigation matters.

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh

The Second Circuit recently ruled on the government's authority to conduct warrantless cell phone searches at border crossings, establishing that manual searches require no suspicion while leaving open critical questions about more invasive forensic examinations. This decision has significant implications for travelers carrying confidential business, legal, or personal information across U.S. borders.

Chapter 11 debtors have multiple pathways to exit bankruptcy, including plan confirmation, asset sales, dismissal, or conversion to Chapter 7 liquidation. Understanding how these mechanisms interact and can be sequenced is essential for practitioners developing effective exit strategies. This practice note examines the legal and practical considerations associated with each exit pathway.

When contract disputes arise, businesses face a critical choice between arbitration and litigation, each offering distinct advantages in cost, speed, privacy, and legal recourse. Understanding these differences—and how they compare to mediation—can significantly impact both your legal rights and your bottom line.

Artificial intelligence has transformed the speed of document retrieval in legal investigations, but does rapid access to records constitute a truly defensible evidence foundation? This article examines the critical gap between AI-powered search capabilities and the structured, traceable investigative processes required in construction disputes and other complex litigation matters.

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.

Nuclear verdicts pose significant risks for defense counsel, particularly in catastrophic injury cases. Strategic mistakes during trial preparation often lead to exceptionally high jury awards that exceed reasonable expectations. Early case planning and mock trial research can help identify vulnerabilities and reduce exposure to adverse outcomes.

Leading voices in survivor-centered reform examine systemic failures affecting sexual abuse survivors across Canada's child welfare, education, sport, and criminal justice systems. Expert speakers share trauma-informed approaches and practical paths toward meaningful reform for Indigenous survivors and others failed by broken institutions.

The United States Supreme Court's unanimous decision in Montgomery v. Caribe Transport II, LLC fundamentally alters freight broker liability by eliminating a longstanding federal preemption defense. How will this ruling reshape carrier selection practices and expose brokers to increased negligent hiring claims across the nation?

A customer asks an organization's chatbot whether a fee will be waived, a payment will be timely, or a disputed transaction will be reversed. The chatbot answers quickly and confidently.

The Alberta Court of Appeal has clarified how courts should analyze pure economic loss claims in construction defect cases, distinguishing between negligent supply of defective structures and negligent performance of professional services. This decision establishes that these two categories require separate duty of care analyses and confirms that professionals may face concurrent liability in both contract and tort absent contractual limitations.