Worldwide: Arbitration & Dispute Resolution

The Seventh Circuit has issued a landmark ruling that device manufacturers do not "possess" or "collect" biometric data under Illinois' BIPA when software creates and processes such data solely on a user's device.

The Department of Justice has moved to dismiss a Clean Air Act citizen suit against xAI, raising fundamental questions about whether private plaintiffs may proceed when EPA allegedly declined to require preconstruction permitting review. The case involves dozens of massive gas-fired turbines powering a Memphis data center that plaintiffs claim require permits under the Prevention of Significant Deterioration and New Source Review programs, while xAI and state regulators contend they are exempt as temporary

The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins