North America: Litigation, Mediation & Arbitration

A rapidly emerging wave of litigation is targeting data centers on multiple legal grounds including environmental violations, land use disputes, nuisance claims, tort actions, and civil rights allegations. Legal experts examine the current landscape of these cases and analyze the potential for mass tort, personal injury, and property damage claims that are likely to follow as data center development continues to expand.

Recreational sports are an integral part of Canadian culture. At all ages, Canadians participate in sports to stay active, have fun, and release stress.

Personal injury cases in New Jersey follow a complex timeline influenced by medical recovery, evidence gathering, insurance negotiations, and potential litigation. Understanding the key stages—from initial treatment through possible trial—helps injured parties set realistic expectations about how long their case may take and what factors could extend or shorten the process.

A Washington Court of Appeals has ruled that an employee's not-yet-conceived child may pursue a negligence claim against the employer for birth defects allegedly caused by workplace chemical exposure before conception. The decision addresses whether employers owe a duty of care to future children and whether workers' compensation exclusivity bars such claims, with significant implications pending potential Supreme Court review.

As wildfire seasons become longer and more severe, more British Columbians are facing property damage, evacuation orders, and insurance claims.

An Illinois circuit court recently imposed $60,000 in sanctions on a law firm and attorney for submitting AI-generated fabricated case citations in court filings, marking a significant escalation in judicial penalties for artificial intelligence misuse. The case reveals how multiple instances of AI hallucinations across several filings, combined with inadequate disclosure and failure to take responsibility, led to one of the largest sanctions to date for AI-related misconduct in legal practice.

Earn-out clauses have become increasingly popular in M&A transactions, particularly during periods of economic uncertainty, as they help bridge valuation gaps between buyers and sellers by tying a portion of the purchase price to post-closing performance. While these arrangements offer flexibility and risk-sharing benefits, they also present significant challenges in terms of metric selection, structural design, and potential litigation.

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid

As the Federal Maritime Commission's adjudicatory workload has quadrupled since 2020, its Office of Administrative Law Judges operates with minimal permanent staff and no dedicated law clerks. With demurrage and detention litigation surging and new enforcement matters on the horizon, the question emerges whether current judicial resources can sustain fair and efficient resolution of increasingly complex shipping disputes.

A Federal Court case demonstrates the severe consequences of ignoring Canada Revenue Agency Requests for Information during tax audits. When a landscaping corporation and its principal failed to comply with a court-ordered production of financial documents, they faced substantial fines and a 30-day jail threat, highlighting the critical importance of proper RFI compliance with guidance from experienced tax counsel.

In its recent judgment Re New Ruipeng Pet Group Inc [2026] CIGC (FSD) 21, the Grand Court has provided helpful and welcome guidance on the factors...

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid