North America: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Georgia's Tort Reform Legislation: Key Procedural Changes

Georgia's tort reform legislation comes at an opportune time, as jury verdicts in recent years have been the stuff of records. Georgia was rated the #1 Judicial Hellhole in 2022 and 2023...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Pre-Litigation Strategies: How To Build A Case Before You Even File A Lawsuit

Most people think the legal process begins the day you file a lawsuit. But if you're serious about putting yourself in the strongest legal position possible, the most important work happens before you ever get to court.

United States Litigation

AL

Ayala Law

Choisir le siège de votre prochain arbitrage : arguments en faveur du Canada

L'arbitrage est un mode de résolution des différends de plus en plus privilégié pour les litiges transfrontaliers et internationaux. Il offre de précieux avantages, notamment une plus grande flexibilité...

Canada Litigation

FF

Fasken (French)

Court Denies Defendants' Motion To Dismiss In EACO Derivative Litigation

On May 7, 2025, Judge David A. Haines of the Circuit Court of the Seventeenth Judicial Circuit in Broward County, Florida heard oral argument and denied in its entirety the defendants' motion...

United States Litigation

WP

Wolf Popper

Epic v. Apple: The Side Door Out Of The App Store

United States Litigation

GG

Greenberg Glusker Fields Claman & Machtinger

Risk Of Evidence Destruction: A $5.7M Reminder From The Courts

Canada Litigation

MR

McLennan Ross LLP

Arbitrating To Protect AI: Considerations For AI Companies When Adopting Arbitration Clauses

United States Litigation

GP

Goodwin Procter LLP

Please, Leave Out Defining Parentheticals If The Shortened Form Is Obvious

United States Litigation

MH

Markowitz Herbold PC

Court Of Appeal Summaries (May 5 – 9, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Class Action Against BMW Hits A Legal Dead End

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

May Is Motorcycle Safety Awareness Month: A Lawyer's Perspective

Canada Litigation

LL

Lerners LLP

From Court To Contract: Navigating Recent Supreme Court And Appellate Decisions

Canada Litigation

BC

Blake, Cassels & Graydon LLP

In Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of Virginia

United States Litigation

PC

Pender & Coward

Interpreting Insurance Coverage: Lessons From SureFire Dividend Capture LP v Berkshire Hathaway

Canada Litigation

WG

Watson Goepel LLP

How The Trump Administration Pushed China Deeper into Latin America

United States International

BG

Braumiller Law Group, PLLC

Why Direct Student-Athlete Payments Create An Immigration Crisis For Universities

United States Immigration

Gs

Green and Spiegel

I Attended Liberation Day And All I Got Was These Lousy Tariffs. Is This Liberation? Liberation Day Hangover

United States International

BG

Braumiller Law Group, PLLC

Tentative List Of Countries For Potential Travel Ban And Travel Restrictions

Worldwide Immigration

PC

Pryor Cashman LLP

All Is Fair In Love And War, But Apparently Not Trade - Closing The Gap On Global Trade Deficits With The U.S. (A Monumental Task For A Variety Of Reasons)

United States International

BG

Braumiller Law Group, PLLC

Related Country Guides

Enforcement of Foreign Judgments

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International Arbitration

Highlighted Content

California's Global Rise: Insights From International Arbitration Week

United States Litigation

J

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Why Early Mediations Fail And How To Maximize Their Chances For Success

United States Litigation

J

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes

United States Litigation

J

JAMS

Discovery Special Masters And Referees: A View From Both Sides

United States Litigation

J

JAMS

[PODCAST] JAMS Neutrals Discuss How Austin's Growth Is Shaping Dispute Resolution

United States Litigation

J

JAMS

AI's Double-Edged Role In Dispute Resolution

United States Litigation

J

JAMS

Avoiding Business Blunders: Tips For Entrepreneurs And Business Leaders

United States Litigation

J

JAMS

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Commodities/ Securities

U.S. Supreme Court Rejects A Broad Tolling Approach To The Statue Of Limitations For Section 16(B) Claims

In Credit Suisse Sec. (USA) LLC v. Simmonds, the U.S. Supreme Court addressed the application of the statute of limitations for claims brought under Section 16(b) of the Securities Exchange Act of 1934.

United States Litigation

PH

Paul Hastings LLP

Legal Challenges To Exclusive Forum Bylaw Provisions

A recent wave of lawsuits is challenging what had been a growing trend of Delaware corporations to include exclusive forum provisions in their bylaws.

United States Commercial

DB

Drinker Biddle & Reath LLP

Securities Update - March 2012

A recent wave of lawsuits is challenging what had been a growing trend of Delaware corporations to include exclusive forum provisions in their bylaws.

United States Commercial

DB

Drinker Biddle & Reath LLP

SEC Uses Case To Provide Guidance On Its Cooperation Program For Individuals

United States Criminal

PC

Perkins Coie LLP

The SEC's Longstanding "Neither Admit Nor Deny" Settlement Policy Is Supported By Second Circuit Decision Granting Stay

United States Finance

W

WilmerHale

The Court Of Appeal Enforces Limitation Period For Secondary Market Securities Class Actions

Canada Litigation

C

Cassels

Claims Under TBA Contracts Do Not Qualify As Customers’ Claims In Broker-Dealers’ Liquidation

United States Insolvency

D

Dechert

High Court Again Rejects Bright Line Rule For Pleading Materiality

United States Finance

KM

Katten Muchin Rosenman LLP

Class Certification In Securities Fraud Actions: A View From The Second Circuit

United States Litigation

KM

Katten Muchin Rosenman LLP

See more

Professional Negligence

Négligence SST : 5 ans de prison pour un superviseur ontarien !

Le 21 septembre 2020, Denis Garant, 53 ans, est décédé après avoir perdu le contrôle de son camion-benne qui a fini sa course dans un arbre. Pourtant, il avait déjà signalé à son superviseur...

Canada Employment

BB

BCF Business Law

Florida Legislature Ends 35-Year Ban On Lawsuits For Certain Wrongful Deaths Caused By Medical Malpractice

Lawmakers in the House and Senate of the state of Florida have agreed to end what many refer to as Florida's "free kill" law. Enacted in 1990...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Court Of Appeal Summaries (April 28 – May 2, 2025)

In North v. Bayerische Motoren Werke AG, the certification judge had certified a class against against BMW as a result of defective N20 engines. On appeal, the certification was set aside...

Canada Litigation

BM

Blaney McMurtry LLP

Enforceable Pre-Injury Release-of-Liability Forms: Peace Of Mind For Commercial Landlords

United States Litigation

TC

Thompson Coburn LLP

California Supreme Court Nixes Certain Contractual Limitation On Damages

United States Media & IT

JM

Jeffer Mangels Butler & Mitchell LLP

Ontario Court Of Appeal Clarifies Interpretation Of A 'Continuous Act Or Omission'

Canada Real Estate

LL

Lerners LLP

California Supreme Court Holds Contractual Limitation Of Liability Provisions Cannot Limit Damages For Willful Injury

United States Litigation

SJ

Steptoe LLP

Recall Litigation Report: Trends In 2024 Continue Into 2025

United States Litigation

CM

Crowell & Moring LLP

Summaries Of R V. Ominayak, 2025 ABKB 69 And R v Pietz, 2025 MBCA 5

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

See more

Healthcare/ Medical

Genentech And U Penn Settle HERCEPTIN Patent Suit

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

BR

Beeser Ramamoorthy LLP

D.C. Circuit Confirms Broader Applicability Of Net Loss Approach To FCA Damages Calculations

Last week, the D.C. Circuit held in "United States of America, ex rel. Davis v. District of Columbia", that in suits under the False Claims Act ("FCA") alleging false claims for Medicaid reimbursement, the calculation of damages must take into account the value of the medical services actually received.

United States Litigation

RG

Ropes & Gray LLP

Certification Of Action Against Drug Manufacturers Denied

On April 19, 2012, the Québec Court of Appeal (the Court) rendered the first decision on misleading advertising since the ruling of the Supreme Court of Canada (the SCC) in Richard v. Time Inc. In Perreault v. McNeil PDI Inc.,

Canada Litigation

BC

Blake, Cassels & Graydon LLP

First Circuit’s Oral Argument In "Rost" Revisits Prior Case Law Expanding False Claims Act Liability

United States Healthcare

RG

Ropes & Gray LLP

Restitution For Victims Of North Carolina's Involuntary Sterilization Program Does Not Mark The End Of American Eugenics Laws

United States Healthcare

WL

Waller Lansden Dortch & Davis

A Tried And True Summary Judgment Option In Pharmaceutical And Medical Device Failure To Warn Cases

United States Litigation

DB

Drinker Biddle & Reath LLP

Bill To Undo Mensing Decision And Allow Patients To Sue Generic Drug Makers For Failure To Warn

United States Litigation

MF

Morrison & Foerster LLP

Supreme Court Allows Generics To Challenge Orange Book Use Codes In Hatch-Waxman Litigation

United States Healthcare

PH

Paul Hastings LLP

Constitutional Law News, Procurement Law News, And Privacy Law News

Canada Government

DP

DLA Piper

See more

Trials & Appeals & Compensation

District Court Upholds Browsewrap Agreements In Pennsylvania Wiretap Class Action

Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application...

United States Privacy

JL

Jackson Lewis P.C.

Behind The Bench: An Evening With The Westchester Commercial Division Justices

On April 23, 2025, Matt Donovan and Viktoriya Liberchuk moderated a panel featuring Westchester Commercial Division Justices Linda S. Jamieson...

United States Commercial

FF

Farrell Fritz, P.C.

Georgia's Tort Reform Legislation: Key Procedural Changes

Georgia's tort reform legislation comes at an opportune time, as jury verdicts in recent years have been the stuff of records. Georgia was rated the #1 Judicial Hellhole in 2022 and 2023...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Pre-Litigation Strategies: How To Build A Case Before You Even File A Lawsuit

United States Litigation

AL

Ayala Law

Ninth Circuit Bankruptcy Appellate Panel Declines To Extend Bartenwerfer To Intentional Torts

United States Insolvency

NM

Nelson Mullins Riley & Scarborough LLP

Court Denies Defendants' Motion To Dismiss In EACO Derivative Litigation

United States Litigation

WP

Wolf Popper

Epic v. Apple: The Side Door Out Of The App Store

United States Litigation

GG

Greenberg Glusker Fields Claman & Machtinger

Risk Of Evidence Destruction: A $5.7M Reminder From The Courts

Canada Litigation

MR

McLennan Ross LLP

Please, Leave Out Defining Parentheticals If The Shortened Form Is Obvious

United States Litigation

MH

Markowitz Herbold PC

See more

Latest Videos

See more

Episode 087: Fighting For Justice, From Courtroom To Community With Kris Bonn (Video)

GP

Gluckstein Lawyers

Settlement Counsel: A Unique And Powerful Asset To Control Litigation Risk (Podcast)

CG

Certum Group

Decoding Appeals, Episode 5: Lessons Learned From Oral Arguments (Video)

SS

Seyfarth Shaw LLP

Class Actions In Canada: Hot Topics Shaping Tech Litigation (Video)

F

Fasken

Les actions collectives au Canada : les sujets d'actualité qui façonnent les litiges dans le secteur des technologies (Video)

FF

Fasken (French)

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