United States: Litigation, Mediation & Arbitration

The Ninth Circuit Court of Appeals has once again invoked the effective vindication doctrine to strike down an ERISA plan arbitration clause, ruling that provisions preventing representative actions and plan-wide relief violate participants' substantive rights under federal law. This decision adds to a growing body of federal appellate precedent challenging the enforceability of arbitration clauses in 401(k) plans, raising critical questions about how plan sponsors should structure dispute resolution mechan

Logging contractors face significant insurance gaps that can leave hiring companies exposed to wildfire suppression costs, timber trespass, and equipment damage. Understanding the difference between certificates of insurance, endorsements, and actual policy coverage is critical before work begins in the forest. This analysis examines the specific coverage issues that arise in forestry operations and provides practical guidance for aligning contracts, insurance documents, and operational risk.

For business owners who do not regularly encounter litigation, many aspects of the process are poorly understood. A lot happens between filing a lawsuit and going to trial, and many cases can be dismissed, or even won, before trial.