ABA Litigation Section

A federal appellate court ruled that intent is now required to prove liability when clients harass employees. This is a departure from multiple other circuits and the EEOC on the standard for employer liability. Learn why employers should continue to take action in response to employee complaints, under either standard:

Court Imposes New Standard for Employer Liability Intent now required to prove liability when clients harass employees, states one federal appellate court.

AI is a useful, but fallible, new technology that has highlighted lawyers’ evergreen professional obligations of diligence and candor, especially when AI-hallucinated cases make their way into court filings. Explore the consequences of a bad cite coming to the attention of the court: https://www.americanbar.org/groups/litigation/resources/litigation-news/2026/spring/real-consequences-arise-ai-hallucinated-cases/

Lawyers often adopt unhealthy habits to deal with stress. Read Joseph Beckman’s experience in abandoning good habits in favor of quick fixes and learn the importance of self-compassion and returning to a healthy routine:
https://www.americanbar.org/groups/litigation/resources/litigation-news/2022/fall/self-compassion-amid-bad-habits/

There's still time to register for our upcoming CLE webinar on “Demystifying the Antitrust Whistleblower Program.” Join us on June 9 at 2:00 PM ET to hear from Lauren Weinstein, Kelly Lerner, and Poppy Alexander about the DOJ Antitrust Division's new whistleblower program. Litigation and Antitrust Section members can attend for free! Register here: https://ow.ly/CGYJ50Z4e7T

May’s Fearless Children’s Lawyer is Jennifer T***a, Director of the California Department of Social Services. Jen is leading one of the largest human services agencies in the country through major transformations, such as a first-of-its-kind reform designed to better match financial support for each child and caregiver, including dedicated funding for extracurricular activities, and other ordinary, yet critical, childhood experiences that help young people heal, grow, build relationships, and discover who they are. Read more about Jen’s work reshaping how government agencies support young people: https://ow.ly/Ssrk50Z4jW8.

We’re all familiar with arbitration provisions and agreements, but how many of us think about how the arbitrators hearing our cases are chosen? Consider these tips when drafting arbitration agreements to ensure your case is not only heard in arbitration but also heard before a proper audience: https://www.americanbar.org/groups/litigation/resources/newsletters/commercial-business/quick-tips-choosing-right-arbitrators/

2026–2027 ABA Litigation Section Leadership Appointments letters are out! If you applied for a position, please check your email for more information.

It’s been said that jury trials are a form of civics lesson, as citizens who are chosen to serve on juries have a “front-row seat” to the trial process. Discover how, during a trial, you have the opportunity to make a long-lasting impression on our system of justice:
https://www.americanbar.org/groups/litigation/resources/litigation-journal/2026-winter/a-front-row-seat/

Stay current on the evolving landscape of privilege, confidentiality, and ethical risks arising from AI use in litigation. Join us on June 24 at 1 PM ET for “Everything Old Is New Again: AI Meets Privilege, Confidentiality & Trade Secret” to gain insight into emerging standards from Renny Hwang (Deputy GC at OpenAI), John LaBarre (GC at Harvey), Sarita Venkat (SVP, Corp Legal Affairs at Cisco), and Yuri Mikulka (IP and technology dispute litigator at Alston & Bird). ABA members can register for free! Secure your spot today: https://learningcenter.americanbar.org/courses/205057.

Written by experienced practitioners Robert Jason Fowler, Daniel Bender, and Pierre E. Kressmann, Demonstratives: Definitive Treatise on Visual Persuasion guides lawyers and consultants through the process of creating and using persuasive visuals to improve communication throughout various phases of litigation. Section members save 20%! https://www.americanbar.org/products/inv/book/297117221/