United States: Arbitration & Dispute Resolution

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

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.

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?

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.

Recent federal court decisions have reinforced that Section 10(j) injunctions under the NLRA remain an extraordinary remedy and are not automatically available in unfair labor practice cases, addressing the NLRB’s historic abuse and overuse of Section 10(j), particularly under former NLRB GC Abruzzo.

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.

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.

A legal professional reflects on their career path in eminent domain law, exploring how their passion for real estate valuation and infrastructure development led them to specialize in this unique field. The piece examines the dual nature of eminent domain work—facilitating essential public projects while protecting individual property owners' rights through complex legal proceedings.

Disputes are no longer confined to courtrooms. They surface in boardrooms, in the media and across global operations, often without warning. As the boundaries of liability, ethics and reputation continue to blur, organisations need forward‑looking strategies that anticipate exposure and strengthen decision‑making.