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Litigation Law, Mediation Law and Arbitration Law

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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.

Another Court Rules CASA Does Not Limit Universal Relief Available Under The APA

District courts retain authority to "set aside" agency actions universally under 5 U.S.C. § 706, and to preliminarily stay those actions as to all under 5 U.S.C. § 705...

United States Litigation

CM

Crowell & Moring LLP

Court Of Appeal Addresses Unanticipated Use Of Business Records In Joint Book Of Documents

Parties to litigation often make agreements regarding business records to be admitted into evidence at trial. Ordinarily, those records by themselves may not be used to establish issues that require an opinion, like a determination that the defendant acted negligently.

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Readily Ascertainable—WilmerHale's Trade Secret Bulletin: November 2025

Welcome to WilmerHale's bulletin on recent trade secret case law and relevant news items. We've affectionately nicknamed it "Readily Ascertainable" because, unlike a trade secret, it should be easy to figure out.

United States Litigation

W

WilmerHale

Will 2026 See The End Of Driver Inc.?

Worker misclassification is an ongoing issue in many workplaces and industries. Both provincial and federal employment standards legislation include prohibitions...

Canada Litigation

GR

Gardiner Roberts LLP

California Federal Court Orders Disclosure Of Side Deals In Connection With Class Action Settlement

United States Litigation

DM

Duane Morris LLP

Ohio Supreme Court Rules That Pre-Dispute Arbitration Agreement In Insurance Contract Applies To Tort Claims Alleging Insurance Bad Faith

United States Litigation

FB

FBT Gibbons

Court Of Appeal Summaries (December 22-29, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Looking Ahead To 2026: Freight Brokers, Motor Carrier Casualty Claims And The United States Supreme Court

Worldwide Litigation

GR

Gardiner Roberts LLP

Ambiguous Exclusion Clauses And Reasonable Expectations: Lessons From Busato v. Gore Mutual Insurance Company

Canada Litigation

GR

Gardiner Roberts LLP

Oath Of Allegiance Under The Legal Profession Act Ruled Unconstitutional (Wirring V. Law Society Of Alberta)

Canada Litigation

GR

Gardiner Roberts LLP

Tenth Circuit Adopts Ascertainability Test And Clarifies Class Action Requirements

United States Litigation

HH

Holland & Hart

What Are Unclean Hands?

United States Litigation

BB

Beresford Booth

The Tort Of Deceit, Double Actionability And Renvoi; The Decision In Bidzina Ivanishvili & Ors v Credit Suisse Life (Bermuda) Ltd 2025 UKPC 53

Bermuda Litigation

C

Conyers

Yes, You Can Absolutely Win A "He-Said-She-Said" Case

United States Litigation

BB

Beresford Booth

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Webinars

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20 Jan 2026 | 3:00 PM

2026 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CBA In-House Lawyers

TC

CBA In-House Lawyers

27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 23 Oct 2025 | 2:00 PM

The End of the Billable Hour? Building Cost Certainty with Procido’s Fixed Annual Fee Model

PL

Procido LLP

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Litigation Dispute Resolution

Highlighted Content

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

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

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

Health Care Mediation Strategies: How To Resolve Complex Provider, Reimbursement, And Compliance Disputes (Podcast)

United States Litigation

J

JAMS

How The JAMS AI Rules Can Streamline Discovery For AI-Related Disputes

United States Litigation

J

JAMS

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Early Mediation: Is Your Case A Likely Candidate?

United States Litigation

J

JAMS

Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

United States Litigation

J

JAMS

Arbitration & Dispute Resolution

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

A recent survey found that 90% of businesses have made customer experience (CX) their primary focus. While that statistic makes complete sense for most business interactions, one might wonder what bearing does it have on the mediation process?

United States Litigation

J

JAMS

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

The Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act became law on July 17, 2025,1 marking the first comprehensive federal framework governing cryptocurrency in the United States

United States Litigation

J

JAMS

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

As mass tort litigation continues to grow, the disputes at stake are becoming increasingly complex. From wildfire and pharmaceutical claims to toxic exposure, sexual abuse and large-scale economic losses

United States Litigation

J

JAMS

Consideration Of Artificial Intelligence In Arbitration Terms Of Reference

United States Technology

CM

Crowell & Moring LLP

Ohio Supreme Court Rules That Pre-Dispute Arbitration Agreement In Insurance Contract Applies To Tort Claims Alleging Insurance Bad Faith

United States Litigation

FB

FBT Gibbons

Contractors May Need To Formally "Invoice" All Costs To Protect Interest Rates

United States Real Estate

BB

Beresford Booth

Court Of Appeal Summaries (December 15 – 19, 2025)

Worldwide Litigation

BM

Blaney McMurtry LLP

Fifth Circuit Rules Employer Can't Enforce An Arbitration Agreement It Failed To Sign

United States Litigation

PD

Phelps Dunbar LLP

Contracting Out Of Accountability? When Crypto Meets Canadian Courtroom Control

Canada Litigation

AG

Affleck Greene McMurtry LLP

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Sovereign Immunity: Public Sector Government

A New Framework For Procurement: Ontario Unveils Buy Ontario Act

Given the unstable global business climate, and the ongoing trade negotiations with the United States, governments across the globe are looking for ways to shelter domestic industries and workers.

Canada Government

MT

McCarthy Tétrault LLP

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

After a four-week trial in Nydam v. Cunningham, the jury returned a verdict of no liability, resulting in a complete dismissal of the action.

Canada Litigation

WT

DWF Group

What Are We Waiting For? A Cautionary Endorsement On Timing, Process, And Priority Of Lien Claims Caught In An Insolvency

In a recent endorsement concerning lien claims in receivership proceedings, the court offers a nuanced and pragmatic message for construction stakeholders, insolvency practitioners, and receivers.

Canada Insolvency

WL

WeirFoulds LLP

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

United States Litigation

IG

IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

SH

Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

W

WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

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Trials & Appeals & Compensation

Consideration Of Artificial Intelligence In Arbitration Terms Of Reference

As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing...

United States Technology

CM

Crowell & Moring LLP

Another Court Rules CASA Does Not Limit Universal Relief Available Under The APA

District courts retain authority to "set aside" agency actions universally under 5 U.S.C. § 706, and to preliminarily stay those actions as to all under 5 U.S.C. § 705...

United States Litigation

CM

Crowell & Moring LLP

Court Of Appeal Addresses Unanticipated Use Of Business Records In Joint Book Of Documents

Parties to litigation often make agreements regarding business records to be admitted into evidence at trial. Ordinarily, those records by themselves may not be used to establish issues that require an opinion, like a determination that the defendant acted negligently.

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Readily Ascertainable—WilmerHale's Trade Secret Bulletin: November 2025

United States Litigation

W

WilmerHale

Will 2026 See The End Of Driver Inc.?

Canada Litigation

GR

Gardiner Roberts LLP

Titre ancestral sur des terres privées : flou juridique après de récentes décisions judiciaires

Canada Government

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (December 22-29, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Looking Ahead To 2026: Freight Brokers, Motor Carrier Casualty Claims And The United States Supreme Court

Worldwide Litigation

GR

Gardiner Roberts LLP

Ambiguous Exclusion Clauses And Reasonable Expectations: Lessons From Busato v. Gore Mutual Insurance Company

Canada Litigation

GR

Gardiner Roberts LLP

See more

Class Actions

California Federal Court Orders Disclosure Of Side Deals In Connection With Class Action Settlement

On December 23, 2025, Judge William Alsup of the U.S. District Court for the Northern District of California entered an order in Bartz, et al. v. Anthropic PBC, Case No. 24-CV-5417 (N.D. Cal. Dec. 23, 2025).

United States Litigation

DM

Duane Morris LLP

Tenth Circuit Adopts Ascertainability Test And Clarifies Class Action Requirements

In Cline v. Sunoco, Inc. R&M, 2025 U.S. App. LEXIS 29929, __ F.4th. __ (10th Cir. Nov. 17, 2025), the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court's rulings...

United States Litigation

HH

Holland & Hart

Challenging Federal Government Actions After Trump v. CASA: New Limits And Open Pathways

The Supreme Court's decision in Trump v. CASA, Inc. marks a major shift in how federal courts may police executive action. In the Court's June 27, 2025 decision...

United States Litigation

AP

Arnold & Porter

BC Court Of Appeal Dismisses Proposed Privacy Class Action; Finds Use Of Professionals' Names Was Not Commercial Exploitation

Canada Litigation

BJ

Bennett Jones LLP

Former Partner Files ERISA Class Action Against Husch Blackwell For Delayed 401(k) Contributions

United States Litigation

HB

Hall Benefits Law

Federal Judge Rejects Monetary Damages Claim By American Airlines Workers In ESG Investment Class Action

United States Employment

HB

Hall Benefits Law

CareFirst's Class Action STELARA® Antitrust Case Against J&J Will Proceed: Court Grants-in-Part And Denies-in-Part Class Certification And Denies The Parties' Motions For Summary Judgment

United States Anti-trust

GP

Goodwin Procter LLP

Class Action Decisions Published November 2025

United States Litigation

SH

Shook, Hardy & Bacon

Contracting Out Of Accountability? When Crypto Meets Canadian Courtroom Control

Canada Litigation

AG

Affleck Greene McMurtry LLP

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Latest Videos

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Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

Appealing Briefs – Episode 24: Kosicki: Adverse Possession, Statutory Interpretation, And The Common Law (Podcast)

MT

McCarthy Tétrault LLP

BFSB London Breakfast Briefing (July 2023) - Panel 2 (Video)

BF

Bahamas Financial Services Board

Maximizing Damages In Medical Malpractice Cases (Video)

GP

Gluckstein Lawyers

Litigating With Laser Focus (Video)

AP

Arnold & Porter

Upcoming Events

False Claims Act Mock Trial Institute 2026

United States Litigation

SM

Sheppard Mullin Richter & Hampton

But I Filed A Notice Of Appeal?! Tips, Tricks, And Traps In Post-Judgment Proceedings

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Tricks Of The Trade

Canada Litigation

PV

Pallett Valo LLP

Celebrity Deposition Deathmatch!

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Trump v. Cook After Oral Argument: SCOTUS Spotlight On Separation Of Powers

United States Litigation

GP

Goodwin Procter LLP

Prior Use Before the UPC, the EPO, German, Chinese, and U.S. Courts

United States Litigation

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Need-To-Know Canadian Cases From 2025: How They Affect Your Business

Canada Litigation

MT

McCarthy Tétrault LLP

‘Illegal DEI’ As An FCA Trigger?

United States Government

BB

Bass, Berry & Sims

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