Litigation Law, Mediation Law and Arbitration Law

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Nuclear verdicts pose significant risks for defense counsel, particularly in catastrophic injury cases. Strategic mistakes during trial preparation often lead to exceptionally high jury awards that exceed reasonable expectations. Early case planning and mock trial research can help identify vulnerabilities and reduce exposure to adverse outcomes.

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh

The Second Circuit recently ruled on the government's authority to conduct warrantless cell phone searches at border crossings, establishing that manual searches require no suspicion while leaving open critical questions about more invasive forensic examinations. This decision has significant implications for travelers carrying confidential business, legal, or personal information across U.S. borders.

A federal court recently denied class certification in a TCPA case after the plaintiff destroyed critical evidence by throwing his cell phone into the Mississippi River during litigation. The court found the plaintiff inadequate to represent the class due to this spoliation of evidence, which prevented the defendant from conducting forensic analysis and created a unique conflict of interest that other class members would not share.

Nuclear verdicts pose significant risks for defense counsel, particularly in catastrophic injury cases. Strategic mistakes during trial preparation often lead to exceptionally high jury awards that exceed reasonable expectations. Early case planning and mock trial research can help identify vulnerabilities and reduce exposure to adverse outcomes.

In 1980, the Department of Justice pursued a civil action against William “Billy” Carter, brother of then-President Jimmy Carter, who had allegedly received payments from the Libyan government without registering under the Foreign Agents Registration Act (“FARA”). The matter soon raised questions about possible White House involvement, prompting a Senate investigation into Mr. Carter and his relations with Libya.

With an etymology rooted in Old French and Latin, the translation of “voir dire” is “to speak the truth.” The voir dire process, which may feel more like targeted questioning than truth-speaking, is often the first opportunity to shape how jurors view both counsel and the case

The Seventh Circuit’s July 2026 decision in Franco v. Chobani, LLC is interesting for several reasons for ad law followers and enthusiasts, and it has already spurred multiple follow-on class actions challenging ​“zero sugar,” ​“no added sugar,” and similar claims on products containing allulose. The developing litigation highlights a broader risk relevant for all regulated industries, but especially for food, beverage, and dietary supplement companies heeding evolving FDA guidance: compliance with agency guidance may reduce regulatory risk, but it may not prevent private plaintiffs from bringing claims under state consumer protection laws.

A federal court dismissed securities fraud claims against an AI software company, ruling that plaintiffs failed to prove executives knowingly misled investors about customer churn and deal quality during a strategic repositioning. The decision examines whether generic risk disclosures create a duty to reveal materialized risks and what level of internal knowledge constitutes securities fraud.

When an insurance administrator sends text messages to customers using data obtained through a dealership's point-of-sale system, can it claim an established business relationship exemption? A California federal court examines whether handling customer data for a partner creates direct liability and whether receiving information from a dealer constitutes a business relationship with the end customer.