North America: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Developer Breached Agreement Of Purchase And Sale By Demanding Additional Charges At Time Of Closing (Taheripouresfahani v. Dormer Bond Inc.)

In litigation arising from disputed real estate transactions, courts are frequently confronted with circumstances where a buyer tries to close for less than the agreed sale price.

Canada Litigation

GR

Gardiner Roberts LLP

Delaware Rapid Arbitration Act–After A Decade, Has Its Day Arrived?

In 2015, Delaware adopted a new statute, the Delaware Rapid Arbitration Act (the "DRAA"), designed to address an identified need of parties for a very rapid and streamlined way to address...

United States Litigation

DM

Duane Morris LLP

Court Ruling Reinforces Justice For Survivors Of Sexual Assault

We are pleased to share the Court's recent ruling on the defence's post-verdict motions in Associate Ivanna Iwasykiw's June 2025 civil sexual-assault action.

Canada Litigation

GP

Gluckstein Lawyers

BC Supreme Court's Recent Cowichan Decision

On August 7, 2025, the British Columbia Supreme Court (the Court) released the landmark decision, Cowichan Tribes v Canada (Attorney General) (Cowichan).

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

Unveiling The Hidden Risks: How CVCs Can Cause Serious Harm To Patients

Canada Litigation

SL

Siskinds LLP

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

Canada Litigation

SW

Soloway Wright

The Hidden Terms Of Settlement: When Courts Imply A Mutual Release

Canada Litigation

MT

Miller Thomson LLP

Inside The Dubai International Arbitration Centre (Podcast)

United States Litigation

B

Bracewell

Tranter v. Z&D Tour, Inc.: Pennsylvania High Court Eases Venue Transfers For Defendants

United States Litigation

GT

Greenberg Traurig, LLP

Third Party Enforcement Of Arbitrations Agreements

United States Litigation

MM

McLane Middleton, Professional Association

Reflections On The 2025 International Arbitration Lecture: The Enduring Role Of The Human Arbitrator And The New Opportunity For Science (Video)

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

Excessive Use Of Force: Your Rights If You've Been Injured

Canada Litigation

LL

Lerners LLP

Cross-Border Car Accidents: What Ontarians Need To Know If Injured In The U.S.

Worldwide Litigation

LL

Lerners LLP

5 Common Pre-Settlement Funding Myths (And The Truth Behind Them)

United States Litigation

EL

Express Legal Funding

Silicon, Sanctions And Security: How National Security Laws Are Reshaping The Semiconductor Industry (Video)

United States Government

FL

Foley & Lardner

AI "Workslop," The New Typo: Can A Culture Of Quality Guide Legal Teams Using AI?

Canada Technology

D

Dentons Canada LLP

Federal Court Blocks Enforcement Of Texas Proxy Advisor Disclosure Law

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

J

JAMS

Still On The Fence About Hiring A Lawyer? Here's Why Timing Matters (Video)

United States Law Practice

C

Crowley Law LLC

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

From Conflict To Clarity: Why The ADR Experience Matters In Successful Resolution

United States Litigation

J

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

J

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

J

JAMS

The Changes To The English Arbitration Regime: What Parties To International Construction Disputes Need To Know

United States Litigation

J

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

J

JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

United States Litigation

J

JAMS

Sovereign Immunity: Public Sector Government

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

In July, the U.S. Senate introduced the Art Market Integrity Act (AMIA), legislation that would require art dealers and auction houses to comply...

Worldwide Government

SH

Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court.

United States Litigation

W

WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court.

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

International Arbitration Comparative Guide

Mexico Litigation

Hegewisch Abogados

Supreme Court Stays District Court Order Vacating NIH Grant Terminations, But Leaves Guidance Vacatur Intact

United States Litigation

CM

Crowell & Moring LLP

Whether Parties Agreed To Arbitrate Is Jurisdictional And Requires Independent Analysis By A U.S. Court In A Recognition Proceeding

United States Litigation

FL

Foley & Lardner

U.S. Supreme Court Clarifies Personal Jurisdiction In Foreign Sovereign Immunities Act Arbitration Enforcement Cases

Worldwide Litigation

Aceris Law

U.S. Supreme Court To Weigh Sovereign Immunity Defense For "State-Created Entities" Sued In Foreign States

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

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Libel & Defamation

Court Of Appeal Summaries (October 6 – 10, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 6, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Judicial Treatment Of Apologies: A Strategic Tool?

Uncertainty around the treatment of apologies at civil law was recently spotlighted in a high-profile defamation case between two Québec public figures.

Canada Litigation

L,

Langlois Lawyers, LLP

Thunder Bay Police Officer's Defamation Claim Against Law Student Dismissed (Gibson v. Cunningham)

A defamation claim against a law student brought by a Thunder Bay police officer was dismissed under Ontario's "anti-SLAPP" legislation: Gibson v. Cunningham, 2025 ONSC 5504 [not yet on CanLII].

Canada Litigation

GR

Gardiner Roberts LLP

Florida Federal Judge Dismisses President Trump's $15B Lawsuit Against The New York Times

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

Developer's $300,000 Lawsuit Against Student For Complaints To City SLAPPed Down

Canada Litigation

DA

DMG Advocates

Defamation In Business Disputes: Executive Held Personally Liable For False Kick-Back Accusation

United States Litigation

FF

Farrell Fritz, P.C.

Legal Considerations For Live Streaming Content In Canada: What You Need To Know

Canada Media & IT

EC

Edwards Creative Law

Defamation At The Super Bowl: "I Want To Perform Their Favorite Song, But You Know They Love To Sue."

United States Litigation

FL

Senn Fortis

It Ends With A Lawsuit Part II: Court Dismisses Justin Baldoni's $400 Million Defamation Claim

United States Litigation

FL

Senn Fortis

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Disclosure & Electronic Discovery & Privilege

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

In this webinar, Attorney Zachary M. Smith discusses "Inadvertent Disclosure of Privileged Material"

United States Litigation

BB

Beresford Booth

Avoiding Risk: AI's Double-Edged Role In E-Discovery

David A. Shargel of Bracewell LLP discusses the potential risks of using AI tools in the discovery process and what lawyers need to understand about the technology...

United States Technology

B

Bracewell

International Arbitration Comparative Guide

International Arbitration Comparative Guide for the jurisdiction of Mexico, check out our comparative guides section to compare across multiple countries

Mexico Litigation

Hegewisch Abogados

Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

United States Litigation

FL

Foley & Lardner

AI Notetaking In The Legal And Business Context: Does It Risk Confidentiality Or Privilege?

Canada Technology

BJ

Bennett Jones LLP

Beyond The Verdict: The Essential Drive Of Post-Judgment Discovery

United States Litigation

OK

Offit Kurman

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Canada Insurance

MA

MLT Aikins LLP

DoJ Declines Prosecution Of Company That Self-Disclosed Export Control Offenses

United States International

DT

Diaz Trade Law

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Professional Negligence

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

At Soloway Wright LLP, medical malpractice law demands a rare blend of legal precision, empathy, and resilience. Senior Litigation Partner, Tara Sweeney, brings all three to every file...

Canada Litigation

SW

Soloway Wright

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

This month, the Court of Appeal for British Columbia released two decisions within two days providing guidance on class action certification in the province: RateMDs Inc. v. Bleuler and Syngenta AG v. Van Wijngaarden.

Canada Litigation

TL

Torys LLP

Confronting Racial Bias In Canadian Healthcare

IN THE US, Black patients are more likely than Caucasians to have an above-the-knee amputation when undergoing surgery to remove that limb.

Canada Healthcare

GP

Gluckstein Lawyers

Our Approach To Kaiser Medical Malpractice Claims

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

More Sleep, More Accidents?

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

Canada Litigation

GW

Gowling WLG

U.S. Supreme Court Agrees To Address Preemption Of Freight Broker Negligence Claims

United States Transport

DM

Duane Morris LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

A Seat At The Table: Third Parties And Exclusive Jurisdiction Clauses

United States Litigation

AO

A&O Shearman

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Latest Videos

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Reflections On The 2025 International Arbitration Lecture: The Enduring Role Of The Human Arbitrator And The New Opportunity For Science (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

BB

Beresford Booth

Class Actions In Canada: At The Forefront Of Pharma Litigation (Video)

F

Fasken

Actions collectives au Canada : à l'avant-plan des litiges pharmaceutiques (Video)

FF

Fasken (French)

New Rules, New Game: Proposed Reforms To The Ontario Rules Of Civil Procedure (Video)

SB

SBA Lawyers LLP

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