North America: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Ninth Circuit: Reverses Dismissal Finding “Rare Circumstances” Where Core Operations Doctrine Applies

The Ninth Circuit recently reversed in part dismissal in a putative securities fraud class action alleging that a toy manufacturer and two of its officers misrepresented the status of its inventory management, distribution capabilities, and IT system use.

United States Litigation

ST

Simpson Thacher & Bartlett

Proactive Strategies For Commercial Indemnification Disputes: Managing Recurring Risks

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts.

United States Litigation

AP

Arnold & Porter

Michigan Supreme Court Dismisses Appeal In Case Expected To Clarify Requirements Contract Law

The Michigan Supreme Court's dismissal of FCA v. Kamax leaves critical questions about requirements contract enforceability unresolved, perpetuating legal uncertainty that has plagued...

United States Litigation

BL

Butzel Long

You Won Your Case, Now What? Mechanisms To Enforce Your Judgment

In litigation, it is often assumed that once a court has issued its final decision, commonly referred to as a judgment, the matter is fully resolved, bringing an end to what is typically a lengthy, costly, and stressful process.

Canada Litigation

DS

Devry Smith Frank LLP

Extension Of Prohibition On Assigning Legal Malpractice Claims

United States Litigation

BB

Beresford Booth

Washington Bench Trial Or Jury Trial? How The Choice Can Change Your Entire Case

United States Litigation

HS

Harris Sliwoski

Organ And Tissue Donation After Tragic Loss

Canada Litigation

HS

Howie, Sacks & Henry LLP

BIPA Game Changer: Seventh Circuit Caps Damages And Resets The Playing Field For Defendants

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Fourth Circuit Draws The Line On Student Cell Phone Searches: O.W. v. Carr

United States Litigation

PC

Pender & Coward

The Weight Of A Disciplinary Decision In Civil Proceedings

Canada Litigation

L,

Langlois Lawyers, LLP

Washington State Arbitration Clauses: When They Help And When They Hurt

United States Litigation

HS

Harris Sliwoski

Use Of Expert Determination As An ADR Method

Canada Litigation

AC

Ankura Consulting Group LLC

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read

United States Litigation

BT

Barnes & Thornburg LLP

New York’s AVOID Act Imposes 90-Day Deadline For Third-Party Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

United States Insolvency

BS

Ballard Spahr LLP

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

What Do Employers Need To Know About Independent Contractors And California EDD Payroll Tax Audits? (Video)

United States Employment

LM

Littler Mendelson

We Get Contracting: Episode 2 — Civil Rights Compliance Opens New Path To FCA Claims (Podcast)

United States Government

JL

Jackson Lewis P.C.

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Litigation Dispute Resolution

Highlighted Content

La Emocionología Del Arbitraje Y La Mediación (Podcast)

United States Litigation

J

JAMS

The Emotionology Of Arbitration And Mediation

United States Litigation

J

JAMS

China’s New Commercial Mediation Framework: A Turning Point For Dispute Resolution

United States Litigation

J

JAMS

Who Picks the Arbitrator — You Or The Algorithm?

United States Litigation

J

JAMS

Minimizing Construction Delays In Domestic And International Arbitration

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

United States Litigation

J

JAMS

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

J

JAMS

Libel & Defamation

FBI Director Kash Patel Sues The Atlantic For $250 Million.

On Monday, FBI Director Kash Patel sued The Atlantic and one of its reporters, alleging defamation over an April 17 story detailing the Director's alleged excessive drinking...

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

The Headline Problem In Defamation Law: A Proposal For Fixing Illinois’ And Ohio’s Outdated Innocent Construction Rule

Defamation lawsuits are on the rise in the United States, and have been for several years. Because defamation litigation is so increasingly relied upon as a means to address reputational injury...

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Michigan's Long-Awaited Anti-SLAPP Law: An Overview For Litigators

Michigan's new Uniform Public Expression Protection Act (UPEPA), effective March 24, 2026, gives defendants in SLAPP suits a fast-track procedure for dismissal and fee recovery, expanding protections for free speech...

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Florida Court Says That Docuseries Can Be Considered Multiple Publications In A Defamation Action

United States IP

FK

Frankfurt Kurnit Klein & Selz

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial

Cayman Islands Litigation

A

Appleby

What You Need To Know About Workplace Defamation

United States Employment

TE

The Employment Law Group

DC Court Of Appeals Provides Key Guidance On Anti-SLAPP Dismissals, Public Figure Doctrine, And Actual Malice In Defamation Cases

United States Litigation

AF

ArentFox Schiff

When AI Speaks For Itself: How AI Is Reshaping Defamation Risk

Canada Technology

BJ

Bennett Jones LLP

Anonymous Liars On The Internet, And What You Can Do About Them

United States Media & IT

DL

Dhillon Law Group

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Personal Injury

Organ And Tissue Donation After Tragic Loss

Behind every organ or tissue donation is a story, one that extends far beyond forms and consent. In our blog post: A Life That Lives On. Honouring Marco and the Gift His Family Gave to the World...

Canada Litigation

HS

Howie, Sacks & Henry LLP

The Weight Of A Disciplinary Decision In Civil Proceedings

Professionals subject to a code of ethics may face disciplinary complaints. If they violate the rules governing their practice, their disciplinary council can impose penalties ranging from a warning or fine...

Canada Litigation

L,

Langlois Lawyers, LLP

Requirements For Accepting 31aa School Funding For School Safety And Mental Health Ruled Constitutionally Valid

On April 14, 2026, the Michigan Court of Appeals ruled that the waiver of privilege requirement (including attorney-client) for accepting funds for school safety and mental health under Section 31aa...

United States Government

CH

Clark Hill

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read

United States Litigation

BT

Barnes & Thornburg LLP

Judges Across The Country Make Clear: AI Hallucinations In Court Filings Will Not Be Tolerated

United States Litigation

K

Klemchuk

Commercial Vehicle Operator’s Registrations And Why They Matter In Trucking Litigation

Canada Litigation

HS

Howie, Sacks & Henry LLP

Louisiana Enacts Important Tort Reform Legislation

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Sandra Train Published In Without Prejudice On Ontario’s 2026 Auto Insurance Overhaul

Canada Litigation

HS

Howie, Sacks & Henry LLP

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Court Procedure

Michigan Supreme Court Dismisses Appeal In Case Expected To Clarify Requirements Contract Law

The Michigan Supreme Court's dismissal of FCA v. Kamax leaves critical questions about requirements contract enforceability unresolved, perpetuating legal uncertainty that has plagued...

United States Litigation

BL

Butzel Long

D.C. Circuit Showdown Over CFPB: Plaintiffs Oppose Effort To Fast-Track Agency Downsizing But Surprisingly Support Remand To District Court For It To First Consider Modifying The Preliminary Injunction As CFPB Urged In Motion

A high-stakes procedural battle is unfolding in the en banc U.S. Court of Appeals for the District of Columbia Circuit that could determine the near-term fate of the Consumer Financial Protection Bureau (“CFPB”).

United States Consumer

BS

Ballard Spahr LLP

Washington Bench Trial Or Jury Trial? How The Choice Can Change Your Entire Case

In Washington state litigation, the decision between a bench trial and a jury trial is far more than a procedural formality—it fundamentally shapes case strategy, witness preparation, settlement leverage, and ultimate outcomes.

United States Litigation

HS

Harris Sliwoski

The Weight Of A Disciplinary Decision In Civil Proceedings

Canada Litigation

L,

Langlois Lawyers, LLP

Disclosure Of Psychologist’s Raw Test Data In Catastrophic Impairment Dispute

Canada Litigation

MO

McLeish Orlando LLP

French Fry Wars: FCA Affirms Deferential Claim Construction In McCain v. Simplot

MT

McCarthy Tétrault LLP

Suffolk County Filing Period For Real Property Tax Grievances Begins May 1, 2026

United States Tax

FF

Farrell Fritz, P.C.

Mississippi Supreme Court Limits Reptile Theory Presentations To Juries

United States Litigation

JW

Jones Walker

New York’s AVOID Act Imposes 90-Day Deadline For Third-Party Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Sovereign Immunity: Public Sector Government

Supreme Court Puts Brakes On Interstate Sovereign Immunity For State-Created Corporations

In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity.

United States Litigation

N

Nossaman LLP

Civil Litigation In US Courts: A Primer For Non-US Entities

Civil litigation in the United States presents unique challenges for non-U.S. entities, from expansive pretrial discovery to parallel court systems and public proceedings.

United States Litigation

SA

Skadden Arps Slate Meagher & Flom

2026 Update To The New Interpretation Of The Canada Health Act

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

Canada Healthcare

BL

Borden Ladner Gervais LLP

Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

United States Litigation

SJ

Steptoe LLP

Three Point Shot - March 2026

United States IP

PR

Proskauer Rose LLP

Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

Worldwide Litigation

W

WilmerHale

US Supreme Court Clarifies "Arm-of-the-State" Doctrine—NJ Transit Not Immune

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Court Of Appeal Comments On A Possible Duty Of Care Owed By The Attorney General Of Canada

Canada Litigation

BL

Borden Ladner Gervais LLP

Asia Pacific 2025 Anti-Corruption Rankings: Transparency International's CPI

Worldwide Criminal

SJ

Steptoe LLP

See more

Latest Videos

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Civil Investigative Demands — What They Are, How They Work, And How To Respond (Video)

SS

Seyfarth Shaw LLP

The Class Action Weekly Wire – Episode 140: Key Developments In Products Liability & Mass Torts Class Actions (Video)

DM

Duane Morris LLP

Major Changes To Third-Party Practice: An Overview Of New York's AVOID Act (Video)

BS

Bond, Schoeneck & King PLLC

Invest Early. Win Later. (Video)

AP

Arnold & Porter

Guaranteed Rebuilding Cost On Trial: Winners, Losers & The SCC's Big Message (Video)

SB

SBA Lawyers LLP

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