Commercial Litigation and Disputes

E-Discovery Quarterly: Recent Rulings on ESI Control, Third-Party Data and Preservation Risks

Tue, 21 Apr 2026 05:00:00 Z

This article, “E-Discovery Quarterly: Recent Rulings on ESI Control,” published by Law360, is part of a quarterly column analyzing recent e-discovery developments from the past three months. This installment examines federal decisions addressing when parties have possession, custody or control of electronically stored information, including cases involving third-party data sources such as personal devices, employer systems and cloud storage. It highlights how courts apply both the legal right and practical ability standards and reviews decisions imposing sanctions for failure to preserve ESI. Readers will gain practical guidance on assessing control, coordinating with third parties and implementing proactive preservation strategies to mitigate discovery risks.

UK Competition and Markets Authority Issues £4.2M Fine and Orders £760k of Refunds for Drip Pricing

Mon, 20 Apr 2026 05:00:00 Z

Sidley Discusses Protective Orders and Generative AI in Discovery

Mon, 20 Apr 2026 05:00:00 Z

This article examines how U.S. courts are addressing generative AI in discovery, with a focus on protective orders, confidentiality, and privilege. Analyzing decisions such as Morgan v. V2X, Inc. and Jeffries v. Harcros Chemicals, Inc., it highlights emerging judicial expectations around AI safeguards, including limits on data retention, model training, and disclosure. The piece provides practical guidance for litigators and in-house counsel on drafting AI-related discovery provisions and managing risk when using AI tools. Readers will gain insight into evolving legal standards, court treatment of AI-assisted work product, and the broader impact of generative AI on litigation strategy.

Generative AI in Discovery: Protective Orders as an Emerging Point of Dispute

Mon, 06 Apr 2026 05:00:00 Z

U.S. Supreme Court Clarifies Standard for Contributory Copyright Liability

Fri, 27 Mar 2026 05:00:00 Z

Maryland District Court Relies on Loper Bright to Hold Written Consent for Telemarketing Calls Not Required

Fri, 27 Mar 2026 05:00:00 Z

Fifth Circuit Holds U.S. FTC’s In-House Adjudication of Deceptive Advertising Claim Unconstitutional Under Jarkesy

Tue, 24 Mar 2026 05:00:00 Z

Notable Cases and Events in eDiscovery

Fri, 06 Mar 2026 06:00:00 Z

11th Circ. NextEra Ruling Broadens Loss Causation Standard

Tue, 03 Mar 2026 06:00:00 Z

The Eleventh Circuit’s decision in Jastram v. NextEra Energy Inc. signals a meaningful shift in how courts may evaluate loss causation at the pleading stage in securities fraud cases. Reversing a dismissal, the court held that the key question is whether “enough truth has saturated the market” to prompt investors to reassess prior statements, even without a direct admission of falsity, adopting a cumulative, market-focused approach to corrective disclosures. In this Law360 article, Ian Ross, a partner in Sidley’s Consumer Class Actions, ERISA and Insurance Litigation practice, and Ava Gruener, an associate in the firm’s Commercial Litigation and Disputes practice, analyze the ruling and outline what it means for securities defendants, motion to dismiss strategy, and the potential trajectory of securities litigation in the Eleventh Circuit.

Generative AI and Privilege: Practical Lessons from Two Early Decisions and What Comes Next

Fri, 27 Feb 2026 06:00:00 Z

£473k Fine for Failing to Respond to UK Competition and Markets Authority Information Notice

Tue, 17 Feb 2026 06:00:00 Z

Trend Watch 2026: Hot Topics in California Regulation and Litigation

Tue, 10 Feb 2026 06:00:00 Z

U.S. FTC Signals Renewed Interest in “Click-to-Cancel” Rulemaking

Mon, 09 Feb 2026 06:00:00 Z

New U.S. Executive Order Targets Stock Buybacks, Dividends, and Executive Compensation for Underperforming Defense Contractors

Fri, 09 Jan 2026 06:00:00 Z

Potential Control Won’t Do: Court of Chancery Confirms Common Law Standards for Actual Control Regarding Challenged Transactions

Wed, 10 Dec 2025 06:00:00 Z

In Witmer v. Armistice Capital LLC, the Delaware Court of Chancery reaffirmed the high bar for pleading that a minority investor is a controlling stockholder under Delaware common law, emphasizing that potential influence alone is insufficient. The court also held that passive awareness of information does not satisfy the “knowing participation” standard required for aiding and abetting fiduciary duty claims. Ownership stakes, board designees, and flawed board processes, without evidence of domination or transaction-specific control, were not enough to establish liability. Readers will learn how the decision clarifies the standards for actual control, reinforces limits on aiding and abetting theories, and provides practical guidance for structuring and evaluating investor-influenced transactions.

English High Court Finds BHP Liable in Landmark £36 Billion Fundão Dam Litigation

Wed, 10 Dec 2025 06:00:00 Z

Private Equity Investment in U.S. Law Firms: Current Models and Recent Developments

Tue, 25 Nov 2025 06:00:00 Z

E-Discovery Quarterly: Recent Rulings On Dynamic Databases

Mon, 17 Nov 2025 06:00:00 Z

This article is part of a quarterly column analyzing the most notable e-discovery developments from the previous three months. This installment takes a closer look at recent decisions weighing when and how structured data in dynamic databases should be produced.

Revisiting Jury Trial Right May Upend State Regulatory Power

Thu, 13 Nov 2025 06:00:00 Z

The U.S. Supreme Court's June 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy reaffirmed the Seventh Amendment jury trial right in federal administrative enforcement actions, but its impact may soon extend beyond the federal sphere.

UK ESG Ratings Providers – Near Final Legislation (November 2025)

Thu, 06 Nov 2025 06:00:00 Z

In this Sidley Update, we analyse and discuss the UK government’s updated draft legislation on the regulation ESG ratings providers. We explore the key regulatory definitions relating to the provision of ESG ratings, the territorial scope of the draft legislation, and a number of notable proposed exclusions. We also compare the draft legislation with the equivalent EU ESG Ratings Regulation.

Notable Cases and Events in eDiscovery

Thu, 16 Oct 2025 05:00:00 Z

Dark Squares Book Launch With Sidley and Chess.com

Wed, 08 Oct 2025 05:00:00 Z

SEC Changes Its Policy on Mandatory Arbitration Clauses: Considerations for Issuers and Others

Wed, 01 Oct 2025 05:00:00 Z

Congress Must Resolve PSLRA Issue For Section 11 Litigants

Mon, 15 Sep 2025 05:00:00 Z

Uncertainty in Section 11 securities litigation has grown following the Supreme Court’s Slack v. Pirani decision and ambiguities in the Private Securities Litigation Reform Act (PSLRA). The PSLRA grants judgment reduction credits when outside directors settle, but its silence on other Section 11 defendants has created confusion that discourages fair and efficient settlements. Although courts often extend judgment reduction credits more broadly, inconsistent interpretations leave litigants uncertain. Amending the PSLRA to provide uniform rules would promote quicker, fairer resolutions and better serve its goal of curbing abusive securities litigation.

Notable Cases and Events in eDiscovery

Tue, 09 Sep 2025 05:00:00 Z

How Three Years of the Universal Proxy Card Rules Have Changed Proxy Contests

Tue, 09 Sep 2025 05:00:00 Z

Notable Cases and Events in eDiscovery

Mon, 11 Aug 2025 05:00:00 Z

U.S. FTC Click-to-Cancel Rule Struck Down

Thu, 17 Jul 2025 05:00:00 Z

Pennsylvania Leads Consumer Financial Protection in the New Era of Federalism

Thu, 17 Jul 2025 05:00:00 Z

Notable Cases and Events in eDiscovery

Tue, 08 Jul 2025 05:00:00 Z

Texas Age Verification Law Upheld: U.S. Supreme Court Balances Free Speech and Child Protection in the Digital Age

Mon, 07 Jul 2025 05:00:00 Z

One Year On, Davidson Holds Lessons On 'Health Halo' Claims

Tue, 01 Jul 2025 05:00:00 Z

Consumer interest in nutrition is increasing, prompting food manufacturers to highlight positive nutritional attributes in their products. However, even accurate health-related claims can lead to litigation under "health halo" fraud theories, which allege that labeling creates a misleading impression of healthfulness. The Ninth Circuit’s 2024 decision in Davidson v. Sprout Foods raised the bar for such lawsuits, requiring plaintiffs to provide specific, product-linked evidence of harm rather than relying on generalized or hypothetical risks. This decision has made it more challenging for plaintiffs to succeed with speculative claims, but manufacturers must remain vigilant and ensure their marketing practices comply with evolving regulatory standards to minimize litigation risk.

Consumer Financial Protection in Texas: Navigating State and Federal Enforcement

Mon, 23 Jun 2025 05:00:00 Z

Sidley Partners Ted Murphy and Sona De Presenting a Webinar on U.S. Tariff and Trade Policy Updates and the Implications for the Healthcare and Life Sciences Industries

Wed, 18 Jun 2025 05:00:00 Z

Notable Cases and Events in eDiscovery

Thu, 05 Jun 2025 05:00:00 Z

Generative AI Meets Copyright Scrutiny: Highlights from the Copyright Office’s Part III Report

Tue, 20 May 2025 05:00:00 Z

U.S. FTC Delays "Click-to-Cancel" Rule Compliance to July 2025

Wed, 14 May 2025 05:00:00 Z

AAA Revises Consumer and Employment/Workplace Arbitration Rules

Thu, 08 May 2025 05:00:00 Z

April's Notable Cases and Events in E-Discovery

Thu, 08 May 2025 05:00:00 Z

UK/EU Investment Management Update (May 2025)

Wed, 07 May 2025 05:00:00 Z

In this Sidley Update we cover, on the UK side, the UK proposals for the future regulation of alternative investment fund managers (AIFMs), the Financial Conduct Authority (FCA) consultation on the definition of capital for investment firms, the FCA’s new presence in the United States and Asia-Pacific, the publication of legislation to regulate UK crypto activity, and FCA speeches on its enforcement priorities and market abuse agenda.

On the EU side, we cover the European Supervisory Authorities (ESA) report on the functioning of the EU Securitisation Regulation, the European Commission (Commission) targeted consultation on the Integration of EU Capital Markets, and the European Securities and Market Authority (ESMA) consultation on the revised clearing threshold methodology under European Market Infrastructure Regulation (EMIR) 3.