North America: Litigation, Mediation & Arbitration

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

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.

When a commercial tenant alleged it did not understand the legal consequences of signing a 20-year lease extension, the Ontario Court of Appeal ruled that this litigation strategy triggered a deemed waiver of solicitor-client privilege. The decision clarifies how pleading amendments interact with privilege protection and establishes important boundaries for real estate litigants who place their legal understanding at the centre of their defence.

Companies that interact with federal agencies face growing risks that sensitive business information could be disclosed through Freedom of Information Act requests. Understanding FOIA Exemption 4 protections and implementing proactive confidentiality practices can help organizations safeguard trade secrets, commercial data, and proprietary information from public release.

Le secret professionnel de l'avocat fait face à de nouveaux défis posés par l'intelligence artificielle, les technologies émergentes et l'évolution des stratégies de litige. Quels sont les cinq principaux risques qui menacent aujourd'hui la protection du secret professionnel et comment les équipes juridiques peuvent-elles mettre en place des mesures proactives pour prévenir toute divulgation par inadvertance?

Former American Express employees have filed a class action lawsuit alleging the company maintained underperforming investment funds in its $9 billion 401(k) plan, including proprietary target-date funds that served as default options. The plaintiffs claim these investment decisions breached fiduciary duties under ERISA and cost participants hundreds of millions in potential retirement savings, while potentially benefiting Amex's business relationship with Morgan Stanley Investment Management.

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.

A federal district court judge has denied a motion to dismiss a proposed class action suit against The Cigna Group over mishandling of its 401(k) plan, which holds about $13 billion in assets for about 93,000...