News & Analysis as of

Dispute Resolution Risk Management

Farella Braun + Martel LLP

Which Party Loses Out When Settlement Funds Are Wired to a “Spoofer” and Not Plaintiff?

Answer: the “party in the best position to prevent the fraud.” In the digital age, where cyber-attacks are becoming more sophisticated, all legal professionals should take heed of the recent decision in Thomas v. Corbyn...more

Hogan Lovells

Using AI in International Arbitration: what parties and arbitrators need to think about

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Artificial intelligence (AI) is transforming the legal world, from the use of AI-assisted document review to deployment of generative AI for research and submission drafting. Recognising the prevailing wind, many...more

Foley & Lardner LLP

M&A Disputes Set to Rise in Latin America: How Savvy Investors Are Protecting Themselves

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As deal activity shows signs of rebounding in 2025, investors are bracing for an increase in M&A-related disputes globally, and Latin America is no exception. It appears to be leading the trend....more

White & Case LLP

Arbitration and AI

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Use of AI is expected to grow significantly over the next five years, driven by the potential for efficiencies. Principal current uses of AI include factual and legal research, data analytics and document review. AI...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

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These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Vinson & Elkins LLP

London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk

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“We’re at a moment where the drive for innovation is clashing with the realities of risk.” – Roberta Downey In this video, London partner Roberta Downey examines how rapid technological change — from offshore wind to soaring...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

Hogan Lovells

Seeing the light: rights of light in the post protocol era and early resolution of disputes

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We were delighted to be joined by our panel of leading rights of light experts, including Paul Tonkin and Jonathan Karas KC - the authors of the rights of light protocol - and Nathasha Bray and Jerome Webb, who were part of...more

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

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Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

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Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 2: Business Acquisition and Post-Closing Disputes

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There’s a tongue-in-cheek joke within the legal industry that transactional lawyers create the problems, and the litigators get paid to clean them up. It’s a cautionary reminder to transactional lawyers: if the dealmaking...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Seyfarth Shaw LLP

Six Essential Tips for Navigating Mergers & Acquisitions (M&A) in Government Contracts

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In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating Mergers & Acquisitions (M&A) in government contracting. The...more

Morgan Lewis - Tech & Sourcing

Top of Mind Issues When Negotiating Global Distribution Agreements: A Conversation with Marie Davy

As part of our Spotlight series, we welcome Marie Davy, who recently joined Morgan Lewis as a partner in our Paris office, to discuss key issues to consider when negotiating global distribution agreements....more

Jaburg Wilk

Five Reasons Why a Custom Operating Agreement is Fundamental for an Arizona LLC

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When forming an Arizona limited liability company (“LLC”) crafting a custom operating agreement is one of the most important steps taken to protect the business and ensure its long-term success. While Arizona law doesn’t...more

DLA Piper

Mitigating Risks for Banks, Fintech Companies, and Payment Processors

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Emerging issues under the Electronic Fund Transfer Act, Regulation E, and the UCC - As banks, fintech companies, and payment processors continue to innovate and partner on payment and wallet solutions, they must navigate the...more

Jenner & Block

Client Alert: Evaluating the Impact of Tariffs on Customer and Supplier Relationships

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As tariffs are imposed and additional tariffs are threatened, companies concerned about the impacts of tariffs on agreements with customers and suppliers should review their contracts and the parameters of the tariff to...more

BCLP

AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025)

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Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Fenwick & West LLP

Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences...

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Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts. ...more

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

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Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

Goldberg Segalla

Lawyers Beware: Litigation Funding Leads to Malpractice

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As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his...more

A&O Shearman

UK Treasury policy paper on new approach to ensure regulators and regulation support growth

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HM Treasury has published a policy paper setting out the next steps to its approach on regulation and regulators. The three overarching actions are: (i) tackling complexity and the burden of regulation; (ii) reducing...more

King & Spalding

Comparing the Business-Focused Courts of Delaware, Texas, and Nevada

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Over the last year, a discussion has accelerated around Delaware’s status as the favored state of incorporation for business entities, with many ventures debating whether they should choose to incorporate in Delaware or, if...more

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