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
Importers Of Chassis Made Outside China With Chinese Parts May Recover AD/CVD Deposits As CIT Again Rejects Commerce’s Scope Ruling
The U.S. Court of International Trade has rejected Commerce's determination that chassis manufactured in Vietnam with Chinese-origin parts are covered by antidumping and countervailing duty orders on chassis from China. The court held that welding and fabrication of Chinese components into subassemblies in Vietnam removes the merchandise from the scope of the orders, potentially entitling importers to recover substantial duties paid. This decision has significant implications for companies importing chassis
Global International
CM
Crowell & Moring LLP
Article
Texas Court Of Appeals Affirms Business Court’s Denial Of Trade Secret Injunction In Autonomous Trucking Dispute
In CreateAI Holdings, Inc. f/k/a TuSimple Holdings, Inc. v. Bot Auto TX Inc., the Fifteenth Court of Appeals affirmed a Texas Business Court’s denial of a temporary injunction in an autonomous trucking trade secret dispute. The court’s memorandum opinion recognizes that mere suspicion and a competitor’s rapid success are insufficient to warrant injunctive relief. Instead, plaintiffs must produce evidence that specific, protectable secrets existed and were actually misappropriated.
United States IP
GT
Greenberg Traurig, LLP
Article
Preemption, Conversion And Limitation (Of Liability)—Oh My! Eighth Circuit Affirms $100 Liability Limit For FedEx’s Loss Of $250,000 Watch: Key Takeaways For Shippers And Carriers
The Eighth Circuit's recent decision examines critical questions facing the transportation and logistics industry: How far does the Airline Deregulation Act's preemption reach? Can carriers enforce contractual liability limitations when high-value shipments go missing? What happens when an employee allegedly steals a $250,000 luxury watch during transit—does the conversion exception apply?
United States Transport
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Public Comment Period Planned For Umpires In No Surprises Act Claim Disputes
Federal agencies have introduced a new recertification process for independent dispute resolution entities that arbitrate No Surprises Act billing disputes, including a five-day public comment period where stakeholders can petition against entities they believe are unfair. The process aims to address concerns that the current IDR system disproportionately favors healthcare providers, with median awards sometimes exceeding in-network rates by over 23,000%.
United States Healthcare
HB
Hall Benefits Law
Article
Second Circuit Rejects NLRB’s Tesla Dress Code Test: What The Starbucks Reserve Roastery Ruling Means For Employer Uniform Policies Under The NLRA
The U.S. Court of Appeals for the Second Circuit rejected the NLRB’s Tesla framework for evaluating employer dress code and uniform policies that restrict employees’ display of union insignia, holding that the Board’s presumption-based, narrow-tailoring approach misreads the Supreme Court’s Republic Aviation decision and must be replaced by a genuine balancing of employees’ organizing rights against employers’ legitimate business interests.
United States Employment
BB
Bass, Berry & Sims
Article
Pepsi Case Could Reshape How Courts Judge Trademark Strength
A U.S. Supreme Court review of Rise Brewing's trademark infringement case against PepsiCo could fundamentally alter who determines brand strength in trademark disputes. The case examines whether judges or juries should assess trademark distinctiveness, with implications for how businesses select and enforce their marks. Existing marks and registration statements may significantly impact a company's ability to protect its trademark rights.
United States IP
MG
Marshall, Gerstein & Borun LLP
Article
Can You Own Part Of A New Jersey Business Without A Written Agreement?
When two people start a business together without formal documentation, can one claim ownership based on contributions and informal agreements? New Jersey's Uniform Partnership Act allows partnerships to form without written contracts, but proving ownership requires examining the complete history of communications, financial records, and how the parties actually operated the business.
United States Commercial
SH
Scarinci Hollenbeck LLC
Article
Federal Circuit Affirms Patent Invalidity Where Inventorship Error Cannot Be Corrected Under 35 U.S.C. §256
The Federal Circuit has ruled that patents cannot be saved when an undisputed joint inventor is omitted and cannot be added due to inability to provide required notice. This case of first impression establishes that omitted coinventors are "parties concerned" under 35 U.S.C. § 256(b), entitled to notice regardless of economic interest, and that failure to satisfy this statutory requirement results in patent invalidity even when all parties agree on inventorship.
United States IP
OM
Oblon, McClelland, Maier & Neustadt, L.L.P
Article
Digging Into Rollover Equity: A Recent Delaware Chancery Ruling Is A Cautionary Tale For Business Owners Taking Rollover Equity In M&A Deals
When sellers of a utility construction business accepted rollover equity valued at $160 per unit instead of a higher all-cash offer, they expected significant returns. Three years later, that equity plummeted to $0.08 per unit, leading to litigation that revealed a critical lesson: without explicit contractual protections regarding rollover equity value, sellers may have no legal recourse when promised valuations fail to materialize.
United States Commercial
FL
Foley & Lardner
Article
When A Comma Is The Decisive Factor: The Importance Of Precision In Forum Selection Clauses
Under Florida law, the distinction between a permissive and mandatory forum selection clause can hinge on something as small as a single comma. In Treasure Coast Classical Academy v. The Optima Foundation, the Florida Fourth District Court of Appeal held that a comma separating a governing law provision from a venue designation provision rendered the venue clause permissive rather than mandatory, allowing the plaintiff to file suit in the venue where the causes of action accrued.
United States Litigation
HK
Holland & Knight
Article
CAUGHT BETWEEN DEALER AND CUSTOMER: Court Finds Insurance Administrator Plausibly Initiated Texts And Rejects Established Business Relationship Exemption
When an insurance administrator sends text messages to customers using data obtained through a dealership's point-of-sale system, can it claim an established business relationship exemption? A California federal court examines whether handling customer data for a partner creates direct liability and whether receiving information from a dealer constitutes a business relationship with the end customer.
United States Consumer
Troutman Amin LLP
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