United States: 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.
Article
Cutting-Edge Class Action Issues Debated At Perfect Law Conference At NYU School Of Law
The Perfect Law Class Action Conference at NYU brought together practitioners and academics from Europe, Canada, and the United States to debate cutting-edge issues in class action litigation, with particular focus on privacy violations, securities fraud, and the transformative impact of artificial intelligence. The conference explored how Article III standing requirements are shaping privacy class actions, with detailed analysis of recent cases demonstrating the critical importance of pleading specific, se
Global Litigation
DM
Duane Morris LLP
Article
Facing An ADA Title III Lawsuit? A Practical Guide To Defense Strategies
In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.
United States Litigation
DW
Dickinson Wright PLLC
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Article
D. Mass. Patent Litigation Update: August 2026
Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
FTC Issues Rigorous Requirements On Using AI-Assisted Review Or Technology-Assisted Review To Respond To Investigational Subpoenas
The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh
United States Litigation
AP
Arnold & Porter
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Article
TRACKING MORE THAN JUST CALORIES: Northern District Of California Rules Over MyFitnessPal’s Motion To Dismiss.
The Northern District of California recently ruled on MyFitnessPal's motion to dismiss claims alleging the fitness app falsely represented users could opt out of third-party tracking. The court's decision addresses multiple legal grounds including wiretapping, pen register violations, and common law fraud, with varying outcomes for different plaintiffs based on the nature of their website interactions and data sharing allegations.
United States Privacy
Troutman Amin LLP
Article
Court Of Appeal Update On Timing Of UPC Opt-outs
The Court of Appeal of the Unified Patent Court has confirmed that actions can be brought concerning pending European patent applications approaching grant, and that such actions render subsequently filed opt-outs ineffective. However, a critical question remains unresolved: while the UPC is competent to hear these pre-grant actions, their admissibility based on timing has yet to be determined, leaving patent applicants in uncertain territory regarding opt-out strategy.
United States IP
JA
J A Kemp LLP
Article
Car Dealer Chauffeured Into TCPA Wrong Number Case
A Massachusetts federal court case examines whether artificial intelligence-generated voice messages constitute prerecorded calls under the Telephone Consumer Protection Act, raising novel questions about how AI technology intersects with decades-old telemarketing regulations. The lawsuit stems from a wrong number incident where a car purchase inquiry allegedly used robotic voice technology without proper consent.
United States Consumer
KM
Klein Moynihan Turco LLP
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Article
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
Facing An ADA Title III Lawsuit? A Practical Guide To Defense Strategies
In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.
United States Litigation
DW
Dickinson Wright PLLC
Article
“Can They Search My Phone At The Airport?” U.S. Court Of Appeals Issues Decision On “Border” Cellphone Searches
The Second Circuit Court of Appeals ruled that federal officers may manually search travelers' cellphones at international airports without a warrant, probable cause, or reasonable suspicion. The decision in United States v. Alisigwe establishes broad border-search authority while leaving unresolved whether more sophisticated forensic examinations require individualized suspicion of wrongdoing.
United States Criminal
BB
Baker Botts LLP
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Curated
Foreign Sovereign Immunity In International Construction
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.
United States Litigation
J
JAMS
Article
Due Process Post-Fuld And Statute Of Limitations For ICSID Cases
Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve
Global Litigation
S
Steptoe LLP
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