top of page

How do litigation actions differ between the U.S. and Europe and how can attorneys be prepared to represent clients around the world?



I recently had the distinct pleasure of sitting down with my London-based partner, Aymen Khoury, to discuss the primary ways in which U.S. litigation is unique from UK and EU-based actions. We talked about how cases are filed, fee arrangements, discovery, and preparing witnesses for testimony. Of course, we tackle controversial topics such U.S. juries which cause some heartburn for litigants unaccustomed to the notion of laypersons deciding complex business cases.


Aymen has a fascinating practice which, while based in London takes him to all parts of the world representing clients in a vast array of cross-border disputes including court actions and arbitrations. Although he has only been at Dorsey for a bit over a year, I've enjoyed collaborating with him, including a few days in Paris at the International Bar Association conference last year.


If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.


This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Are there ways to transfer the risks of major litigation liabilities after a lawsuit has been filed?



Effectively managing litigation risks entails understanding what litigation risk transfer vehicles are available to companies. The most apparent way to transfer risk is obtaining appropriately comprehensive liability insurance prior to a claim being filed. Today’s sophisticated legal market brings new ways to allow a company to hedge liability, limiting exposure in connection with even pending litigation. In this episode, I interview Kevin Skrzysowski and William Marra of Certum Group, exploring how litigants can use these litigation risk transfer products when facing bet-the-company litigation claims, or for those on the plaintiff side, reduce the potential of losing out on a litigation investment.


If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.


This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

How does one thoughtfully weigh the pros and cons of arbitrating a commercial litigation dispute? Are there ways to reduce some of the downsides to private arbitration?



Managing litigation risks includes thinking about the process and forum by which commercial disputes will be resolved. Yet, there is no consensus among business transactional and trial lawyers on whether arbitration provisions are advantageous in most commercial transactions. In this episode, I interview my longtime mentor and New York City-based partner, Richard Silberberg as we tackle the topic of arbitration provisions and discuss how to approach the question of whether and how to agree to an arbitration.

 

Further resources

  • Read the ABA Litigation Journal article mentioned in this episode of SharkCast:


If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.


This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Dorsey_Logo_292x58 transparent.png

More Resources to Better Understand and Avoid Litigation Risks
Dorsey Publications | Dorsey Blogs | Dorsey Events

Disclaimer:  This website, the SharkCast podcast, the LeftCoast Law blog are provided for informational purposes only. None of these materials constitutes legal advice. Nor is an attorney-client relationship or duty of Dorsey & Whitney LLP created by the provision of this information. Although we try to assure that the content is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed are the opinions of those appearing in the podcast or otherwise providing content and not the opinions of Dorsey & Whitney. The podcast and content on this website are considered attorney advertising under the applicable rules of certain states.

© 2025 by Dorsey & Whitney LLP. 

bottom of page