Litigation

Staying Ahead on E-Discovery

Last year several opinions approving technology-assisted review (TAR) gave litigants the confidence to consider and try these technologies. First, U.S. Magistrate Judge Andrew J. Peck […]

Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?

Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment contracts, have been targeted by […]

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King and Coverall North America, two […]

Five Litigation Trends that can Keep Executives Awake at Night

The author identifies several trends in litigation that should be of concern to executives. First on his list is false advertising claims. These include false […]

Canada’s New Appetite for Antitrust Litigation

Commissioner of Competition v CCS Corporation, decided in May 2012, was only the sixth litigated merger in Canada’s history. In bringing – and winning – […]

The Era of the Whistleblower has Arrived

In recent years there has been a major expansion in the scope of whistleblower incentives and protections. A former banker at UBS recently received $104 […]

Mitigating Litigation Risk of Inherently Dangerous Products

This articles addresses the litigation threat to companies whose products are inherently dangerous. By way of example, the authors consider the case of Blitz USA, […]

Courts are Testing and Accepting Technology-Assisted Review

Technology-Assisted Review (TAR) promises to reduce the time and money it takes to produce responsive materials, using a blend of attorney analysis and computer intelligence. […]

Summary Jury Trials as an Alternative to Litigation

Trials have become so expensive that few clients choose to go through them. A modified version of so-called “summary jury trials” could provide an affordable […]

New Ways To Reduce Litigation Costs

The major cost driver in litigation is not the trial, but rather the many expensive and time consuming pretrial tasks. Those costs have ballooned in […]