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