United States: Arbitration & Dispute Resolution

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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
Takeda Files BPCIA Suit Against Alvotech For Vedolizumab Biosimilar
Takeda Pharmaceuticals has initiated its second BPCIA lawsuit over vedolizumab biosimilars, this time targeting Alvotech's AVT16 product with allegations of patent infringement across six method-of-treatment patents. The complaint raises questions about confidential access procedures and whether Alvotech's proposed confidentiality agreement exceeded statutory requirements under the BPCIA framework.
United States Healthcare
GP
Goodwin Procter LLP
Article
Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA
On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United States Litigation
BI
Buchanan Ingersoll & Rooney PC
Article
College Sports Post-House: Where We Are In The NIL Era
One year after the landmark House v. NCAA settlement reshaped college athletics, legal and business challenges continue to emerge around Name, Image, and Likeness (NIL) compensation. From the $2.8 billion in back damages to the new $20.5 million institutional licensing cap, the framework governing student-athlete compensation raises complex questions about oversight, third-party agreements, and Title IX compliance that remain unresolved.
United States Media & IT
BT
Barnes & Thornburg LLP
Article
Liability Policies Listing Specific Wrongs: Cover Will Not Extend To A Related But Unlisted Delict
A U.S. District Court ruled that a commercial general liability insurer had no duty to defend its insureds against an abuse of process claim when the policy explicitly enumerated covered offenses including malicious prosecution but did not list abuse of process. The court determined that reasonable insureds would not expect coverage for unlisted offenses simply because they share legal similarities with enumerated ones.
United States Insurance
AA
Adams & Adams
Article
Federal Circuit Confirms § 112(a) Support Required For A Reference’s Provisional Prior-Art Date
The Federal Circuit's decision in Dental Monitoring SAS v. Align Technology, Inc. establishes that a published patent application can only claim its provisional's filing date as prior art if the provisional provides written description support under § 112(a) for at least one claim. This ruling overturns the PTAB's more lenient "ministerial" standard and creates significant implications for both patent prosecution and inter partes review proceedings.
United States IP
KG
K&L Gates LLP
Article
SB 690 Passes The California Legislature – Potentially Limiting CIPA “Pen Register” Lawsuits Against Websites
California's legislature has passed SB 690, a bill that would eliminate private lawsuits under Section 638.51 of the California Invasion of Privacy Act for website tracking technologies like cookies and pixels. The legislation includes a retroactivity provision affecting pending claims filed within two years before its effective date, potentially reshaping the landscape of privacy litigation that has generated hundreds of lawsuits against businesses using common website analytics tools.
United States Privacy
ZwillGen PLLC
Article
Takeda Files BPCIA Suit Against Polpharma Biologics For Vedolizumab Biosimilar
Takeda Pharmaceuticals has initiated legal action against Polpharma Biologics over a vedolizumab biosimilar, marking the first BPCIA case involving this particular drug. The lawsuit alleges patent infringement across six patents related to ENTYVIO's treatment methods and dosing regimens, with Polpharma's commercial launch anticipated following FDA approval in 2027.
United States Healthcare
GP
Goodwin Procter LLP
Article
Takeda Files BPCIA Suit Against Polpharma Biologics For Vedolizumab Biosimilar
Takeda Pharmaceuticals has initiated the first BPCIA litigation involving a vedolizumab biosimilar, filing suit against Polpharma Biologics over its PB016 product. The case centers on six patents related to ENTYVIO treatment methods and dosing regimens, with Polpharma's aBLA approval anticipated in May 2027. Takeda seeks injunctive relief and damages to prevent commercialization of the biosimilar product.
United States Healthcare
GP
Goodwin Procter LLP
Article
EPA Still Has Authority To Regulate In The Face Of Uncertainty
A federal appeals court has unanimously upheld EPA's authority to designate PFOA and PFOS as hazardous substances under CERCLA, reaffirming the agency's power to regulate environmental threats even when scientific certainty is incomplete. The decision, which included one of the most prominent anti-regulatory appellate judges, reinforces a 50-year precedent that allows EPA to act on scientific probabilities rather than absolute proof when protecting public health and the environment.
United States Environment
FH
Foley Hoag LLP
Article
Substantial Confusion Upon Substantial Completion
Tennessee's retainage law has become unsettled following a 2020 legislative amendment, creating significant uncertainty for construction industry stakeholders about when retainage funds must be released after substantial completion. Contractors and owners now face starkly different legal interpretations of the same statute, with trial courts reaching opposite conclusions on essentially identical facts and no appellate guidance to resolve the conflict.
United States Real Estate
HK
Holland & Knight
Article
Get “Plugged In” To Claim Construction: Socket Solutions, LLC v. Import Global, LLC
Controlling the meaning of claim terms is essential to drafting strong patents, while pre-empting common claim construction issues is crucial to the scope of patents when it comes to infringement. In Socket Solutions, LLC v. Import Global, LLC, No. 2025-1121 (Fed. Cir. Aug. 4, 2026), the Federal Circuit vacated the district court’s grant of a preliminary injunction due to multiple errors in claim construction.
United States IP
DS
Dinsmore & Shohl
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