United States: Litigation, Mediation & Arbitration

Government entities should be aware of a recent decision from the Massachusetts Appeals Court regarding the application of the attorney-client privilege to emails that did not include attorneys...

In the rapidly evolving landscape of legal proceedings, electronic discovery, or e-discovery, is a pivotal process for identifying, collecting, and producing electronically stored information (ESI).

Litigation hold notices are often assumed to be attorney-client privileged or protected under the work-product doctrine.

Many lawyers and litigants have the misconception that the parties do not have enough information to settle early in the litigation (or pre-litigation) and therefore consider mediation only on the eve of summary judgment or trial.

With the UNCITRAL Working Group II (Dispute Settlement) Colloquium on the Recognition and Enforcement of Electronic Arbitral Awards recently concluded...

On 27 January 2025, the US Court of Appeal for the Fifth Circuit (the "Appellate Court") reversed the district court's decision in the dispute between the companies from the Dynamic Industries group...

Over the past eight years, the European Commission (“Commission”) has been engaged in a programme to modernize substantive EU competition law and the structures for its enforcement.

The English Court of Appeal has now set an important precedent in Europe and provided the first authoritative guidance on the nature and scope of the Registered Community Design.

Antitrust and trade regulation updates from the European Union, Around the World and the United States

In catastrophic injury cases, corporate defendants and insurers follow a familiar playbook, animated by an institutional imperative to minimize financial exposure through controlling risk by altering the pool of available jurors to those who have preconceived ( and inappropriate ) beliefs against awarding money damages.

We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges.

In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 ("ERISA") litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant alleging that a fiduciary engaged in an interested-party transaction under Section 406 of ERISA is not required to plead that statutory exemptions are inapplicable.