Litigation Law, Mediation Law and Arbitration Law

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.

States across the country are expanding anti-SLAPP protections, with nine states enacting or strengthening laws since 2025. Most have adopted the Uniform Public Expression Protection Act (UPEPA), giving defendants new tools to seek early dismissal of lawsuits.

A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.

When multiple family members seek estate planning services together, can one attorney represent everyone? This article examines the complex ethical boundaries that govern attorney-client relationships in family estate planning, exploring when joint representation is permissible and when conflicts of interest require separate counsel.

A U.S. District Court examined whether a commercial general liability insurer must defend and indemnify a trucking contractor after a municipality sought to recover costs for remediating unlawfully deposited demolition debris. The court analyzed whether the property damage constituted an "occurrence" under the policy's definition of an accident, considering the insured's intentional placement of the debris and applicable policy exclusions.

A federal court in Florida dismissed a false advertising lawsuit against Hershey over Reese's Peanut Butter Pumpkins packaging that showed carved jack-o-lantern faces, while the actual products lacked these decorative features. The court ruled that consumers failed to demonstrate concrete economic injury, finding their claims amounted only to subjective disappointment rather than actionable harm.

The U.S. Court of Appeals for the Second Circuit has entered the contentious debate over how rigorously district courts should scrutinize expert testimony under Rule 702 and Daubert standards. In a precedential opinion addressing expert admissibility in acetaminophen litigation, the appellate court sought to define the boundaries between a judge's gatekeeping role and improperly deciding scientific disputes that belong before a jury.

A California federal court has granted another stay in a CIPA § 638.51 case, halting proceedings until the California Court of Appeal determines whether the statute applies to internet communications or is limited to telephonic technology. The decision in Dominique Nelson v. Reddit Inc. follows a pattern of similar stays as courts await clarity on this pivotal jurisdictional question.

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

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.

Small law firms can lose potential clients for a reason that has nothing to do with legal skill: nobody is available when the inquiry arrives.