Gus Sara | White and Williams In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before the commencement of litigation. The trial court noted that the defendants, who owned and managed… Continue reading You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Category: Construction Law
Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Katrina Limond | Global Arbitration Review Introduction The artificial intelligence (AI) genie is out of the bottle. In November 2022, OpenAI released its AI chatbot, ChatGPT. As at June 2025, it has amassed over 122.6 million daily active users and processes more than 1 billion queries daily.[1] GPT, the large language model (LLM) developed by… Continue reading Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Perspectives on Document Disclosure
Damián Vallejo and Marta González-Ruano | Global Arbitration Review Introduction Document disclosure is an area in which the divide between the civil law and common law systems is particularly pronounced. Although both systems share the principle of affirmanti incumbit probatio, common law jurisdictions enable parties in a dispute to have access to factual elements in possession… Continue reading Perspectives on Document Disclosure
Party and Counsel Ethics in the Taking of Evidence
Amy C. Klasener and Courtney Lotfi | Global Arbitration Review Introduction The taking of evidence – be it through documents, witness testimony or other means – is the foundation on which all arbitral awards are constructed. Ethical violations can taint evidence, or the process by which it is taken, and undermine the credibility of the… Continue reading Party and Counsel Ethics in the Taking of Evidence
A Lesson from the Criminal Courtroom to Construction Contractors About Videos and Photos
Matthew DeVries | Best Practices Construction Law Yesterday, the Sixth Circuit issued its opinion in Feagin v. Mansfield Police Department et al (Sept. 11, 2025), which involved an excessive force claim by a criminal defendant. Following his conviction for firearm and drug trafficking charges, the defendant sued the officers alleging claims of “excessive force” and the denial… Continue reading A Lesson from the Criminal Courtroom to Construction Contractors About Videos and Photos