North America: Litigation, Mediation & Arbitration

The U.S. Supreme Court will hear arguments in Anderson v. Intel Corporation Investment Policy Committee, a pivotal case examining whether plan participants must meet a "meaningful benchmark" requirement when challenging 401(k) investment decisions based on alleged fund underperformance. The case could fundamentally reshape how ERISA fiduciaries defend investment choices and how courts evaluate claims of imprudent fund selection in retirement plans.

What should you expect when meeting a litigation attorney about a business dispute? Learn how to prepare for your first consultation, what documents to bring, which questions to ask, and how to communicate your priorities effectively to ensure the meeting addresses both immediate threats and long-term business goals.

The Northern District of California recently ruled on MyFitnessPal's motion to dismiss claims alleging the fitness app falsely represented users could opt out of third-party tracking. The court's decision addresses multiple legal grounds including wiretapping, pen register violations, and common law fraud, with varying outcomes for different plaintiffs based on the nature of their website interactions and data sharing allegations.

Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?

Artificial intelligence has transformed the speed of document retrieval in legal investigations, but does rapid access to records constitute a truly defensible evidence foundation? This article examines the critical gap between AI-powered search capabilities and the structured, traceable investigative processes required in construction disputes and other complex litigation matters.

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

This monthly newsletter examines significant legal trends and landmark cases in product liability and mass torts, including recent court decisions on phenylephrine preemption, BIOCELL implant litigation, AI-directed court filings, EPA hazardous substance designations, and climate superfund laws. The analysis provides strategic insights for businesses navigating complex tort litigation and regulatory challenges across multiple industries.

Federal securities class action filings surged 15% in the first half of 2026, driven by a wave of artificial intelligence-related litigation and market-manipulation cases. While average settlements reached a decade-high $54 million, the growing complexity of AI cases presents new challenges as most remain unresolved despite mounting filings since 2022.

The Perfect Law Class Action Conference at NYU brought together practitioners and academics from Europe, Canada, and the United States to debate cutting-edge issues in class action litigation, with particular focus on privacy violations, securities fraud, and the transformative impact of artificial intelligence. The conference explored how Article III standing requirements are shaping privacy class actions, with detailed analysis of recent cases demonstrating the critical importance of pleading specific, se

A growing circuit split is reshaping Section 230 immunity as federal courts diverge on whether algorithmic content recommendations constitute protected publisher conduct or a platform's own actionable expression. While the Fourth and Ninth Circuits maintain broad immunity for social media platforms, the Third Circuit's groundbreaking Anderson v. TikTok decision holds that algorithm-driven content curation may fall outside Section 230's protections, creating new liability exposure for platforms and opportuni

Saskatchewan has officially brought The Defamation Act into force. The Defamation Act replaces the province's century-old Libel and Slander Act, which had been in place since 1909. The new legislation reflects the realities of modern communication and is designed to address how reputational harm occurs in an era dominated by online publishing, social media, and digital news platforms.

Defamation risk has escalated dramatically in the digital age, where false statements persist indefinitely online and are now being absorbed into AI systems that can reproduce them at unprecedented scale. This analysis examines five critical strategies businesses must implement to protect their reputations proactively, from identifying vulnerabilities before publication to taking control of their own narrative when false information emerges.