1. Practices /
Litigation & Dispute Resolution

Litigation & Dispute Resolution

View all related practices

Smart solutions for winning outcomes

We are fearless operators and sophisticated litigation strategists. Clients trust us because we understand their goals, and have the technical skill and experience to deliver winning outcomes that limit disruption.

Connection is our strength. We work as real client partners – designing, overseeing and implementing litigation strategy around the world. As one integrated team, we collaborate without ego to provide timely, quality advice efficiently.

Our track record of success in domestic courts, specialist tribunals and international arbitration spans a range of issues – from IP to antitrust, class actions to commercial disputes, labor law to criminal defense. No case is too complex or high stakes.

Share

Litigation & Dispute team

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Graham Shear

EMEA Leader – Litigation & Investigations, London

+44 (0) 20 3400 4191

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Graham Shear

EMEA Leader – Litigation & Investigations, London

+44 (0) 20 3400 4191

News & Insights

Insights
Feb 14, 2024

Paris Litigation Gazette Issue 5

Insights
Feb 07, 2024

Showing anti-competitiveness the red card

The European Union’s Court of Justice (“ECJ”) went into the 2023 winter break in style, publishing a hat-trick of judgments (hereafter referred to as SuperLeague, ISU, and Royal Antwerp) regarding the application of competition law to the governance of sport. These judgments are an El Classico of sorts for sports and competition law aficionados, with far reaching implications for rule-makers (such as FIFA, UEFA, the ISU, national sports associations and other sports governing bodies), players, clubs, fans, and other sectors more generally. This article details the factual background of the judgments, before assessing in turn, key implications in terms of sports governance and competition law. The judgments (ISU and SuperLeague in particular) strongly affirm the application of competition law to the governance of sports, and may subsequently result in many sports governing bodies revisiting the content and application of their rules.  
Insights
Dec 21, 2023

Judicial guidance on AI use - a brief update

Following our recent blog on the use of AI in the law, Tuesday 12 December saw the timely release of new AI guidance for the judiciary.  We have highlighted a few key points of interest from the issued guidance and have considered how this can help us to better hone our approach to generative AI use within private practice. While we continue to push for client efficiencies and explore the ways in which AI can contribute, it is important that we retain perspective and take proper care before harnessing AI in our day to day practice, especially as AI is being improved upon and developed almost daily.
Insights
Dec 19, 2023

Check Complete: Arteta decision confirms strong criticism might not be misconduct under FA Rules

Earlier this month, a Regulatory Commission issued a significant decision limiting the scope of liability for misconduct under the FA Rules. In dismissing the FA’s charge against Arsenal FC manager Mikel Arteta, the Regulatory Commission confirmed that subject to certain limits and in the right context, the rules of the game allow for criticism of decisions, even if expressed in strong terms. In this blog, we consider the implications of the ruling for the right to voice criticism within the bounds of the FA rules. The Football Association v Mikel Arteta
Insights
Dec 12, 2023

AI in the law – friend or foe?

A recent government report has highlighted solicitors as one of the occupations most exposed to AI applications. BCLP’s 2023 Arbitration Survey found that 37% of practitioners are already using AI tools for tasks such as document translations but also, 24% are using AI for document analysis. These reports are amongst a number of reports and surveys which are heralding the growing presence of generative AI within the legal sector. The way in which the legal sector is embracing generative AI is unsurprising for those at BCLP—as a firm, we have been an early adopter and strong proponent of using AI, as discussed in the recent Q&A blog with our in-house Forensic Technology team. In this blog, we explore the changing litigation landscape in the face of the rapid improvements to generative AI, and the strategic advantages and the potential benefits that businesses might gain should their legal advisors pursue associated opportunities.
Insights
Dec 06, 2023

After PACCAR: a new approach to funding collective proceedings in the CAT

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was therefore enforceable for the purposes of opt-out collective proceedings in the CAT. In its decision, the CAT found that it was permissible to include a provision in the LFA whereby the funder would be paid a percentage of awarded damages “only to the extent enforceable and permitted by applicable law”. In this blog, we consider the implications for litigation funding and collective proceedings in the CAT, both as a result of this decision and the government’s proposed amendment (Clause 126) to the Digital Markets, Competition and Consumers Bill.
Insights
Dec 01, 2023

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution) to reflect that. Instead, it is becoming an integral part of the dispute resolution process – one which is focussed on achieving earlier and less costly resolution over which parties have control rather than engaging in an often expensive, drawn-out dispute before the court with an uncertain outcome. Here we explore where its future lies and what this means for your business.

News & Insights

News
Mar 11, 2024
Charlie Weiss presents at International Academy of Trial Lawyers on high profile case of an innocent man’s 28-year ordeal
Webinars
Mar 27, 2024
Partners present on privacy litigation and bank enforcement trends
Insights
Feb 14, 2024
Paris Litigation Gazette Issue 5
Insights
Feb 07, 2024
Showing anti-competitiveness the red card
The European Union’s Court of Justice (“ECJ”) went into the 2023 winter break in style, publishing a hat-trick of judgments (hereafter referred to as SuperLeague, ISU, and Royal Antwerp) regarding the application of competition law to the governance of sport. These judgments are an El Classico of sorts for sports and competition law aficionados, with far reaching implications for rule-makers (such as FIFA, UEFA, the ISU, national sports associations and other sports governing bodies), players, clubs, fans, and other sectors more generally. This article details the factual background of the judgments, before assessing in turn, key implications in terms of sports governance and competition law. The judgments (ISU and SuperLeague in particular) strongly affirm the application of competition law to the governance of sports, and may subsequently result in many sports governing bodies revisiting the content and application of their rules.  
Insights
Dec 21, 2023
Judicial guidance on AI use - a brief update
Following our recent blog on the use of AI in the law, Tuesday 12 December saw the timely release of new AI guidance for the judiciary.  We have highlighted a few key points of interest from the issued guidance and have considered how this can help us to better hone our approach to generative AI use within private practice. While we continue to push for client efficiencies and explore the ways in which AI can contribute, it is important that we retain perspective and take proper care before harnessing AI in our day to day practice, especially as AI is being improved upon and developed almost daily.
Insights
Dec 19, 2023
Check Complete: Arteta decision confirms strong criticism might not be misconduct under FA Rules
Earlier this month, a Regulatory Commission issued a significant decision limiting the scope of liability for misconduct under the FA Rules. In dismissing the FA’s charge against Arsenal FC manager Mikel Arteta, the Regulatory Commission confirmed that subject to certain limits and in the right context, the rules of the game allow for criticism of decisions, even if expressed in strong terms. In this blog, we consider the implications of the ruling for the right to voice criticism within the bounds of the FA rules. The Football Association v Mikel Arteta
Insights
Dec 12, 2023
AI in the law – friend or foe?
A recent government report has highlighted solicitors as one of the occupations most exposed to AI applications. BCLP’s 2023 Arbitration Survey found that 37% of practitioners are already using AI tools for tasks such as document translations but also, 24% are using AI for document analysis. These reports are amongst a number of reports and surveys which are heralding the growing presence of generative AI within the legal sector. The way in which the legal sector is embracing generative AI is unsurprising for those at BCLP—as a firm, we have been an early adopter and strong proponent of using AI, as discussed in the recent Q&A blog with our in-house Forensic Technology team. In this blog, we explore the changing litigation landscape in the face of the rapid improvements to generative AI, and the strategic advantages and the potential benefits that businesses might gain should their legal advisors pursue associated opportunities.
Insights
Dec 06, 2023
After PACCAR: a new approach to funding collective proceedings in the CAT
In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was therefore enforceable for the purposes of opt-out collective proceedings in the CAT. In its decision, the CAT found that it was permissible to include a provision in the LFA whereby the funder would be paid a percentage of awarded damages “only to the extent enforceable and permitted by applicable law”. In this blog, we consider the implications for litigation funding and collective proceedings in the CAT, both as a result of this decision and the government’s proposed amendment (Clause 126) to the Digital Markets, Competition and Consumers Bill.
Insights
Dec 01, 2023
Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution) to reflect that. Instead, it is becoming an integral part of the dispute resolution process – one which is focussed on achieving earlier and less costly resolution over which parties have control rather than engaging in an often expensive, drawn-out dispute before the court with an uncertain outcome. Here we explore where its future lies and what this means for your business.
The Growth of Class Actions

Our regular series of updates on the world of class actions and mass claims

Read our insights