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.

As international commerce deepens its roots in emerging markets, the legal consequences of commercial disputes often transcend borders – nowhere more so than in Africa.

Effective May 1, 2025, the American Arbitration Association ("AAA") implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures.

As we previously reported, the American Arbitration Association has been considering changes to its rules for consumer and workplace arbitrations. In February 2025, the AAA requested public comments on proposed changes to its rules

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

On April 29, 2025, the Supreme Court heard oral argument in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. The Supreme Court had granted a petition for writ of certiorari in the case as to the following question: "[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury."

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.