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
Lucy Marvin's Maritime Musings: ALJ Budgeting For The FMC
As the Federal Maritime Commission's adjudicatory workload has quadrupled since 2020, its Office of Administrative Law Judges operates with minimal permanent staff and no dedicated law clerks. With demurrage and detention litigation surging and new enforcement matters on the horizon, the question emerges whether current judicial resources can sustain fair and efficient resolution of increasingly complex shipping disputes.
United States Government
HK
Holland & Knight
Article
A Reprieve From Packaging EPR Enforcement In Oregon (For Now): Parties Stipulate To A Pause In Lollicup
Oregon's packaging extended producer responsibility program faces ongoing legal challenges, with producers now receiving temporary relief from enforcement action through a stipulated agreement. The pause in formal enforcement proceedings extends until at least August 31, 2026, while federal courts determine the program's constitutionality in parallel litigation.
United States Environment
AP
Arnold & Porter
Article
File First, Pay Later: XAI’s Dismissal, Apple’s New Complaint, And The Potential Cost Of Getting It Wrong
Two recent trade secret lawsuits against OpenAI reveal the critical difference between viable and dismissible claims under the Defend Trade Secrets Act. While xAI's case was dismissed and now faces a million-dollar fee demand, Apple's complaint demonstrates how to properly plead active acquisition, documented knowledge, and directed exfiltration in talent-raiding disputes.
United States IP
BR
Beck Reed Riden
Article
The Development Partner You Didn't Want To Name Can Cost You The Whole Patent
A Massachusetts patent case reveals how joint development partnerships can unravel when outside contributors are left off patent applications. Five patents for tamper-resistant food packaging were ruled unenforceable after a judge found two engineers from a development partner should have been named as joint inventors, raising critical questions about inventorship documentation and assignment agreements in collaborative innovation work.
United States IP
BT
Barnes & Thornburg LLP
Article
U.S. Supreme Court Allows Nebraska's Water Rights Lawsuit Against Colorado To Proceed
The U.S. Supreme Court has granted Nebraska permission to file a complaint against Colorado over alleged violations of the South Platte River Compact, a 1926 agreement governing water rights between the two states. Nebraska claims Colorado has failed to protect its irrigation season water rights and has obstructed construction of a canal for non-irrigation season water diversion. This decision initiates what is expected to be a lengthy legal process to resolve complex water rights disputes between the neigh
United States International
HK
Holland & Knight
Article
Second Circuit Limits Union Authority To Bind Former Employees To Later-Negotiated Arbitration Agreement
A recent Second Circuit decision reveals a critical limitation in collective bargaining arbitration provisions: former employees who left the bargaining unit before an ADR provision was negotiated cannot be compelled to arbitrate their statutory wage claims. The ruling in 1199 SEIU United Healthcare Workers East v. PSC Community Services allows these former workers to pursue litigation despite a union-negotiated arbitration agreement that addressed similar allegations. This decision has significant implicat
United States Employment
LM
Littler Mendelson
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