A recent Delaware Court of Chancery decision offers a blunt reminder for executives, directors and legal teams: once litigation is reasonably anticipated, private messaging apps may fall within the scope of discovery and the company’s related preservation obligations....
Litigation & Arbitration
Supreme Court Opens Door to Negligent-Hiring Claims Against Freight Brokers
Supreme Court Clarifies FAAAA Safety Exception The United States Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC is a significant ruling for freight brokers, motor carriers, shippers, logistics companies and businesses that rely on...
AAA ICDR® Introduces an AI Arbitrator: A New Tool in Commercial Dispute Resolution
The American Arbitration Association–International Centre for Dispute Resolution (AAA‑ICDR®) has introduced an AI‑enabled arbitrator as part of its broader effort to modernize and streamline arbitration. The initiative represents a notable development in alternative...
Tariff Refunds and Consumer Class Actions: A New Litigation Risk for Retailers and Consumer Brands
Retailers and consumer brands are facing a new litigation risk tied to tariff refunds: proposed consumer class actions alleging that customers paid higher prices because of tariffs that were later held unlawful. The issue follows the U.S. Supreme Court’s February 20,...
When Control Becomes Liability: An Update in the Live Nation Entertainment-Ticketmaster Antitrust Case
In one of the largest antitrust cases in recent history, a federal jury in the U.S. District Court for the Southern District of New York delivered a verdict in favor of a coalition of state attorneys general, finding that Live Nation and Ticketmaster unlawfully...
IEEPA Tariff Refunds Update: CAPE Platform Launches for Importers
Two months after the Supreme Court struck down the International Emergency Economic Powers Act ("IEEPA") tariffs in Learning Resources, Inc. v. Trump, the refund process has finally opened. On April 20, U.S. Customs and Border Protection ("CBP") activated the...
How to Manage Litigation Like a Business: A Practical Guide for Companies
For companies facing litigation, the difference between a well-managed case and a costly, sprawling dispute often comes down to one thing: treating litigation as a business process, not just a legal problem. That means clear strategy, disciplined cost management, and...
IEEPA Tariff Refunds: Current Status and Next Steps for Importers
When the Supreme Court struck down the IEEPA tariffs on February 20, 2026, the immediate question for most importers was: how do we get our money back? The weeks since that ruling have been defined by a fast-moving legal battle at the U.S. Court of International Trade...
Live Nation–Ticketmaster Antitrust Case Takes Center Stage: What Businesses Should Watch
The antitrust litigation involving Live Nation and Ticketmaster continues to evolve following the U.S. Department of Justice’s announcement of tentative settlement terms reached during trial. The case, which challenges Live Nation’s market practices following its 2010...
After the Supreme Court’s IEEPA Decision: What Importers Should Be Thinking About
On February 20, the U.S. Supreme Court issued its decision addressing the President’s authority under the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs. In holding that IEEPA does not authorize the sweeping tariff measures at issue, the...