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.

Update Regarding The Law Of Injunctions In Bermuda

On 25 February 2026, Mr. Justice Andrew Martin of the Supreme Court of Bermuda issued an interlocutory ruling in the matter of Moulder v. Cox Hallett Wilkinson et al. [2026] SC (Bda) 21 Civ (25 February 2026).

Bermuda Litigation

KL

Kennedys Law LLP

The Presumption Of Early Vesting And The Need For Clear Language In A Will To Rebut It

When the Court is asked to interpret a will, the Court is required to give effect to the will-maker's intentions. As such, it is important that a will-maker be specific and clear as to their intentions when preparing their will.

Canada Litigation

CW

Clark Wilson LLP

Mootness: When Will Courts Decide A "Dead" Case?

Canadian courts continue to apply the framework from Borowski v Canada (Attorney General), [1989] 1 SCR 342 ("Borowski") when determining whether to hear matters that are moot...

Canada Litigation

MT

McCarthy Tétrault LLP

Texas Business Court Clarifies Jurisdictional Threshold And "Qualified Transaction" Requirements

The Texas Business Court continues to develop precedent regarding its own jurisdiction. In Angela Yaun v. Battle & Sands Energy Corp., et al., Cause No. 25-BC11B-0094 (Tex. Bus. Ct. Mar. 3, 2026), Judge Grant Dorfman of the Eleventh Division (in Houston) ...

United States Litigation

GT

Greenberg Traurig, LLP

Supreme Court Hears Arguments In Personal-Injury Case With Major Implications For Broker Liability

United States Litigation

FB

FBT Gibbons

Litigation Risk And Regulatory Gaps In The Era Of "Street Agents"

United States Litigation

SJ

Steptoe LLP

Sixth Circuit Finds EFAA Arbitration Bar To Entire Case — Not Just Sexual Harassment Claims

United States Litigation

CM

Crowell & Moring LLP

International Arbitration: No State Immunity Defence Against Registration Of ICSID Awards In English Courts

Worldwide Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

New York's Highest Court Grapples With Video Evidence In The Age Of "Deepfakes"

United States Litigation

BS

Bond, Schoeneck & King PLLC

Can A Cheerleading Coach Or Cheerleading Program Be Found Negligent For An Athlete's Injuries In Alberta?

Canada Litigation

WG

Watson Goepel LLP

No Signature, No Arbitration: Fifth Circuit Sends Strong Warning To Employers

United States Litigation

SS

Seyfarth Shaw LLP

Before You Hit Delete: When The Duty To Preserve Evidence Begins In Washington

United States Litigation

BB

Beresford Booth

Arbitrability Ruling: Key Lessons From Texas Business Court's BNSF v. Level 3 Decision

United States Litigation

GT

Greenberg Traurig, LLP

Supreme Court Declines Review Of The Fourth Circuit's Federal Officer Removal Decision In Maryland v. 3M

United States Litigation

TS

Taft Stettinius & Hollister

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

J

JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

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Enforcement of Foreign Judgments

Litigation Dispute Resolution

International Arbitration

Highlighted Content

Minimizing Construction Delays In Domestic And International Arbitration

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

United States Litigation

J

JAMS

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

J

JAMS

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

J

JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

Class Actions

Another "Fake Discount" Case Targets Online Retailer Snapfish

Reference price litigation continues to roll through the consumer class action pipeline.

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Top 10 Legal Developments Consumer Products Companies Should Watch In 2026

Artificial intelligence (AI) continues to transform how consumers shop and interact with products — from AI-powered shopping assistants and dynamic pricing algorithms to connected toys that hold conversations...

United States Consumer

AF

ArentFox Schiff

Key Areas To Watch As Website Technology Litigation Continues To Surge

Companies are facing a growing trend of plaintiffs asserting claims that businesses' common website technologies – including the use of cookies for website optimization...

United States Technology

WR

Wiley Rein

Discrimination Class Action Review – 2026

United States Litigation

DM

Duane Morris LLP

How Recent Court Rulings Shape Class Action Certification In British Columbia

Canada Litigation

SL

Siskinds LLP

Class Action Decisions Published January 2026

United States Litigation

SH

Shook, Hardy & Bacon

Northern District Of California Grants Motion To Dismiss Securities Class Action Against Footwear Company

United States Commercial

AO

A&O Shearman

Northern District Of Georgia Grants Motion To Dismiss Securities Class Action Against Bicycle Parts Manufacturing Company

United States Commercial

AO

A&O Shearman

Up In Smoke? Third Tobacco Premium Surcharge Case Dismissed

United States Employment

GL

Groom Law Group

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Court Procedure

CR 60(e) Show Cause

Many Defendants seek to have default judgments entered against them modified or vacated pursuant to the provisions of CR 60.

United States Litigation

BB

Beresford Booth

Texas Adopts The Uniform Interstate Depositions And Discovery Act

Texas has now joined the majority of U.S. jurisdictions in adopting the Uniform Interstate Depositions and Discovery Act (UIDDA). Effective August 31, 2025, the Texas Supreme Court implemented...

United States Litigation

FB

FBT Gibbons

New Texas Summary Judgment Rules Are Now In Effect: Expedited Action And Challenges For Litigants To Navigate

At the behest of the State Legislature (SB 293), the Texas Supreme Court recently finalized and adopted amendments to Rule 166a of the Texas Rules of Civil Procedure.

United States Litigation

KM

Katten Muchin Rosenman LLP

Court Of Appeal Summaries (February 23 – 27, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

New York Court Finds That Client Chats With Claude Are Not Privileged

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Summary Judgments In Texas Are About To Be Re-Written

United States Litigation

JW

Jones Walker

He Shoots, He's Charged? How Far Is Too Far In Contact Sports (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Supreme Court Blocks State Affidavit-of-Merit Laws In Federal Court

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Disclosure & Electronic Discovery & Privilege

When Is An Accountant's Work Privileged In Canada: Protecting Accountants' Work In Tax Matters, Including Litigation

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

RS

Rotfleisch & Samulovitch P.C.

Absolute Privilege Stops Lawsuits Based On Use Of Intimate Video At A Case Conference (Burns v. Osuji)

In the law of defamation, absolute privilege is a complete defence. However, the doctrine of absolute privilege extends beyond defamation law to prevent other causes of action that arise out of ...

Canada Litigation

GR

Gardiner Roberts LLP

Questions To AI Models May Be Discoverable

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant's written exchanges with a public generative...

United States Technology

KG

K&L Gates LLP

Litigation Minute: Generative AI Data, Attorney-Client Privilege, And The Work-Product Doctrine

United States Litigation

KG

K&L Gates LLP

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

United States Litigation

BD

Beveridge & Diamond

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

United States Litigation

M

Mintz

The Rise of AI Agents: The Next Big Thing in eDiscovery

United States Litigation

AM

Alvarez & Marsal

Defendant Ordered To Produce Documents Encompassed By "Circle Of Privilege" (Will Murray & Associates V. Nader Fakih)

Canada Litigation

GR

Gardiner Roberts LLP

From Upload To Delivery: 5 Steps Every Secure Legal Translation Workflow Must Protect

Canada Law Performance

Alexa Translations

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Personal Injury

Supreme Court Hears Arguments In Personal-Injury Case With Major Implications For Broker Liability

On March 4, 2026, the U.S. Supreme Court heard oral argument in Montgomery v. Caribe Transport II, LLC, a case arising from a December 2017 highway collision in Illinois.

United States Litigation

FB

FBT Gibbons

Can A Cheerleading Coach Or Cheerleading Program Be Found Negligent For An Athlete's Injuries In Alberta?

Learn more about cheerleading injury liability in Alberta, including a coach's duty of care, negligent supervision, safety measures, and how contributory negligence can impact a claim.

Canada Litigation

WG

Watson Goepel LLP

How Much Is Chronic Pain In A Foot Worth Today?: Goold v Allen, 2025 ABKB 755

n November 20, 2015, the plaintiff was involved in a low impact side swipe type collision with a City of Calgary bus. She suffered mild whiplash to her neck and upper back area which she admitted resolved relatively...

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Daylight Savings Time Can Cost You More Than Sleep

Canada Litigation

HS

Howie, Sacks & Henry LLP

Up In Smoke? Third Tobacco Premium Surcharge Case Dismissed

United States Employment

GL

Groom Law Group

Depo-Provera & Meningioma Brain Tumors: Legal Options For California Women

United States Healthcare

WL

Walkup, Melodia, Kelly & Schoenberger

California's Social Media Litigation Poses Potential To Reshape The Legal Landscape

United States Media & IT

B

Benesch Friedlander Coplan & Aronoff LLP

Why Serious Injury Claims Often Become Disputes About "Severity"

Canada Insurance

MO

McLeish Orlando LLP

Vehicle Technology And Accident Investigation: What Personal Injury Attorneys Must Know

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

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Latest Videos

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Invest Early. Win Later. (Video)

AP

Arnold & Porter

Guaranteed Rebuilding Cost On Trial: Winners, Losers & The SCC's Big Message (Video)

SB

SBA Lawyers LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

GR

Gardiner Roberts LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

BT

Barnes & Thornburg LLP

VIDEO – DMCAR Trend #6: Data Privacy Filings Continued To Grow As The Playbook Became More Refined

DM

Duane Morris LLP

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