Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

BARE BONES BRIEFS: Smaller firms’ hourly rates outstripping Big Law | 87% settlement rate for mediations | Trump punishes immigration lawyers | Pension risk transfers down 60% | Rule of Law pledges growing slowly

HOURLY RATES NEAR RECORD RISE A Thomson Reuters study reveals that lawyers’ hourly rates in the US have soared by 7.4% in the last year. What’s surprising is that the growth for the profession as a whole considerably outstrips the 5.0-5.5% rise at top-100 US firms. While the number for the firms outside the top-100 […]

BARE BONES BRIEFS: Ottawa lawyer defaces Holocaust memorial | Is a drink at lunch during trial break a no-no for counsel? | AI Knowledge Exchange passes on partners’ insights to associates | Turning Parties’ AI Against Them? | Lawyer swims – but not with the sharks

By Julius Melnitzer | August 5, 2025 OTTAWA LAWYER’S VANDALISM RAISES FEARS IN JEWISH COMMUNITY CBC News reports that Iain Aspenlieder, a 46-year-old lawyer fired by the City of Ottawa after being accused of vandalism, has pleaded guilty to mischief to a war memorial after defacing the Holocaust National Monument in June by painting the […]

AI Hallucinations are Proliferating, and IP is Not Exempt

By Julius Melnitzer | July 28, 2025 It was likely inevitable: artificial intelligence (AI) hallucinations are permeating intellectual property (IP) law. Falsely generated legal research first came to the world’s attention in 2023 when an American lawyer appeared on the front page of the New York Times after he included references to non-existent cases in his court […]

BARE BONES BRIEFS: McCarthy partners’ earnings top $1.4M | Canadian lawyers flunk Rule of Law pledge test | Quebec class counsel seek $900M in fees in tobacco litigation | Dentons partners with AXL in AI venture | Alexi launches Alexi Private Cloud

By Julius Melnitzer | July 10, 2025 MCCARTHY TOPS CANADIAN PROFIT-PER-EQUITY-PARTNER RANKINGS McCarthy Tétrault LLP’s equity partners lead Canadian law firms’ profit pool – and by a stretch. The US$1.42M PPEQ haul in 2023 topped the $986K earned at Blake, Cassels & Graydon LLP by over $400K and more than doubled the Gowling WLG figure […]

The importance of a well-drafted confidentiality clause, and the dangers of AI

By Julius Melnitzer | July 8, 2025 A recent US$3.1-million award by a Florida jury in favour of Pliteq, Inc. (Pliteq, Inc. v. Mostafa, 2025 U.S. Dist. LEXIS 60316), a Canadian international engineering services and manufacturing enterprise, against a high-ranking Dubai-based employee who stole trade secrets demonstrates that — despite cross-border tensions — Donald Trump’s America may […]

The Real Estate Correction’s Domino Effect: Perspectives from an Expert Witness

By Andy MacDonald | July 3, 2025 I was recently hired to write an expert witness report for a case that perfectly illustrates the domino effects of the real estate correction that started in 2022. As you may recall, the Bank of Canada began to raise interest rates in the spring of 2022, signalling the […]

AI in court: Just your humble serpent?

By Marcel Strigberger | June 9, 2025 You must remember this, a hiss is still a hiss. Maybe in Casablanca. But not in Sandston, Va. And certainly not for Carletta Andrews. Carletta was enjoying a margarita at a Mexican restaurant with her husband. Suddenly, something descended from the ceiling and bounced off her forehead. She […]

BARE BONES BRIEFS: Mandatory mediation undermines experts’ reports | DEI malaise infects UK | Susskind wrong: AI not lawyers’ demise | Law firm bet on the Leafs | Rap sheet for rapping lawyer

By Julius Melnitzer | May 27, 2025 GETTING EXPERT WITNESSES BACK ON TRACK There’s little doubt that courts have manifested an increasingly critical look at expert testimony lately. Gerald Genge, a claims adjudicator and expert witness with 25 years’ experience, is not surprised: he says the quality of experts’ reports has dipped with the introduction […]

Artificial unintelligence

By Marcel Strigberger | April 29, 2025 New York Court not crazy about surprise AI presentation. Humans 1, Technology 0. Sort of. A New York State appellate court allowed James Dewald, the plaintiff in an employment case, to submit his argument via video. The presentation, however, lasted but a few seconds after Dewald represented himself […]

BARE BONES BRIEFS: Facebook withdraws targeted ads that revealed woman’s pregnancy | Lawyer fined for AI misuse | Massive penalties for tax advisors who facilitate non-compliance | Tax crackdown on lawyers follows AML crackdown | China hit with $24B judgment for unleashing COVID-19 | Arbitration Place opens in Miami

By Julius Melnitzer | March 27, 2025 FACEBOOK CAVES ON TARGETED ADS Faced with a landmark lawsuit alleging that its targeted ads offended privacy laws, Facebook has agreed to stop personalized ads aimed at a UK woman. Tanya O’Carroll, an expert in tech policy and human rights, first took offence in 2017 when she became […]

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