Insights on Complex Litigation

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

Partner Marylee Jenkins will speak at the 2025 WTR Live: Brand Strategy Summit USA in New York on October 22, 2025.

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or declaratory judgment claims can forfeit the right to a trial by jury; second, it surveys the enforceability of pre-dispute contractual jury waivers, highlighting New York’s willingness to extend such clauses beyond pure contract claims and juxtaposing that stance with less accommodating jurisdictions; and finally, it distills practical drafting and motion practice strategies designed to help practitioners preserve (or strategically eliminate) the jury right. By charting these intersecting doctrines – and the hidden pitfalls they create – this article aims to arm litigators and transactional lawyers alike with the vigilance necessary to avoid stumbling into an unintended waiver.

On August 18, the US Court of Appeals for the Federal Circuit issued a significant decision in King v. United States, affirming that reductions in multiemployer pension benefits authorized by the Multiemployer Pension Reform Act of 2014 (MPRA) are not takings under the Fifth Amendment.

The plaintiff, John Snyder, worked for a life insurance company from December 2006 to August 2016.

Following nearly two years of litigation, Cigna Health and Life Insurance Company and the named plaintiffs in Hecht v. Cigna Health and Life Insurance Co., Case No. 1:24-cv-05926 (N.D. Ill.) have announced a class action settlement in principle.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

On June 27, the US Supreme Court issued a significant decision in Trump v. Casa, clarifying the limits of federal district courts’ authority to issue broad, so-called “universal” injunctions against the federal government.

On August 13, ArentFox Schiff obtained summary judgment in federal court in Florida on its claims challenging the constitutionality of a Florida law providing for the removal of books from school and classroom libraries.

ArentFox Schiff is pleased to announce that International Practice Co-Leader Hunter T. Carter has been named to Latinvex’s 2025 Top 100 Lawyers list, an annual ranking of leading attorneys from international law firms that serve as go-to advisors for Latin American companies.

On June 1, Mexico held its first-ever national election to appoint judges from the lowest levels in the judicial hierarchy to the very highest, including the Mexican Supreme Court. In total, the 7,700 judges elected through this process will replace previously appointed judges and will take office on September 1.

In a decision earlier this year, the US Supreme Court held that plaintiffs bringing civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims may be able to recover damages for business or property losses that stem from personal injuries.

ArentFox Schiff is pleased to announce the head of the Los Angeles Intellectual Property Group, Craig Gelfound, has been recognized as a leader in his field by Chambers USA and IP Stars.

Indemnification and advancement clauses are often seen as mere boilerplate language in a company’s governing documents, routinely copied from one form agreement to another. However, advancement clauses may be important sources of leverage in ownership disputes and business divorce cases, potentially impacting the outcome more than the merits of the claims.

On June 9, Deputy US Attorney General Todd Blanche issued a memorandum outlining new guidelines for the enforcement of the Foreign Corrupt Practices Act (FCPA).

It seems like every few months I hear about a situation where a company can’t enforce a forum selection clause as anticipated because of how it was drafted. Recently, an individual named Sidharth Lakhani fell victim to this conundrum when he sought to enforce a forum selection clause that appeared to require all litigation to be brought in the state of New Jersey.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

ArentFox Schiff is pleased to announce that Partner Kirsten Hart has been named among Daily Journal’s “Top Women Lawyers” in California for 2025.

ArentFox Schiff is pleased to announce that Partner Debra Albin-Riley has been named among Daily Journal’s “Top Women Lawyers” in California for 2025.

On May 17, the masts of a 300-foot-long Mexican naval training ship carrying 277 people collided with the underside of the Brooklyn Bridge just minutes after leaving the pier where it has been docked at the South Street Seaport in New York City, New York.

ArentFox Schiff and Partner Shepard Davidson are hosting a panel for aspiring general counsel.

A litigation before a court in one jurisdiction may require taking third-party discovery from third parties located in different jurisdictions. Litigants seeking third-party discovery from parties in other states may quickly discover that the process can be more complex than expected.

On April 17, the US District Court for the Eastern District of Virginia found that Google violated antitrust law by maintaining a monopoly in the advertising technology market and unlawfully tying its products together.

Ambulatory surgery centers (ASCs) have become a large and growing part of the health care industry. ASCs offer same-day surgical care, including diagnostic and preventive procedures, and their popularity has recently grown.

Headlines that Matter for Companies and Executives in Regulated Industries