United States: Litigation, Mediation & Arbitration

In Definitive Holdings v. Powerteq, No. 2024-1761 (Fed. Cir. Apr. 14, 2026), the Federal Circuit affirmed summary judgment that the asserted claims were invalid under pre-AIA 35 U.S.C. § 102(b)...

Generative AI tools like Relativity aiR for Privilege are transforming how attorneys approach privilege review in large-scale litigation, offering potential cost savings of up to 75% compared to traditional...

Texas law requires plaintiffs to prove medical expenses are reasonable and necessary, but post-2018 case law has complicated discovery by making third-party payor information potentially relevant.

In mediation, every move sends a message—and few tools shape that message more strategically than brackets. Used at the right time, brackets can help reset expectations, reduce friction and create momentum toward settlement. The use of brackets is a helpful negotiation tool in mediation. However, some parties are reluctant to use them, perhaps because they do not understand how bracketology can/should be used during the course of negotiations.

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

There is a moment in mediation that seasoned neutrals recognize almost instinctively. It does not arrive with fanfare. It surfaces quietly, often within the first half hour, when counsel begin to frame the dispute. One attorney presents a coherent narrative, grounded in the facts and anchored in a realistic understanding of risk. The other does not.

In this episode of the SideBar Advisors podcast, Duane Morris Partner, Seth Rokosky, shares how legal paths actually unfolded in real life—through a series of decisions, tradeoffs, and adjustments.

Courts are increasingly imposing severe sanctions on attorneys who misuse artificial intelligence in legal work, with cases resulting in millions in additional damages and thousands in fines.

The plastics industry faces mounting pressure from evolving regulations, litigation risks, and public scrutiny over environmental impacts and product labeling. Legal challenges range from environmental violations and pollution claims to consumer protection allegations regarding misleading sustainability claims and product composition disclosures. As new claims emerge daily, stakeholders must navigate an increasingly complex regulatory landscape that threatens both financial resources and consumer trust.

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. In this update, we examine several recent developments in arbitral award...

On 30 April 2026, the Pennsylvania Supreme Court (the Court) issued its long-awaited decision in Borough of West Chester v. Pa. State System of Higher Education & West Chester University.