United States: Arbitration & Dispute Resolution

The Department of Justice has moved to dismiss a Clean Air Act citizen suit against xAI, raising fundamental questions about whether private plaintiffs may proceed when EPA allegedly declined to require preconstruction permitting review. The case involves dozens of massive gas-fired turbines powering a Memphis data center that plaintiffs claim require permits under the Prevention of Significant Deterioration and New Source Review programs, while xAI and state regulators contend they are exempt as temporary

The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit

The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins

A Florida court examines whether a patient's alleged revocation of consent can override an established business relationship defense under the Florida Telephone Solicitation Act.