United States: Arbitration & Dispute Resolution

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.

Organizations and their counsel must understand which GenAI tools employees use (approved and informal) and for what purposes, what data each tool retains, where that data resides, and how long it remains available, including any applicable vendor retention practices.

A recent Seventh Circuit decision reveals how arbitration rules can create unexpected barriers to dispute resolution, leaving parties unable to proceed in either court or arbitration.

New York and Delaware diverge significantly in how they apply the implied covenant of good faith and fair dealing when contracts grant parties "sole discretion." Understanding these jurisdictional differences...

New York's AVOID Act, signed in December 2025 and amended in February 2026, imposes strict deadlines on defendants filing third-party actions in state courts.

On January 12, 2026, Apple and Google announced a multi-year deal—reported at roughly $1 billion a year—under which a custom Google Gemini model will run as the backend...

On Tuesday, May 12, 2026, national law firms Dickinson Wright and Fox Rothschild joined forces to file a lawsuit on behalf of their firms’ client, Lunai Bioworks, Inc.

Duane Morris Takeaway: The rise of class action litigation has fundamentally transformed the modern legal landscape, and we are proud to announce the publication of the Insurance Class Action Review – 2026...