United States: Litigation, Mediation & Arbitration

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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.

WilmerHale Partner Contributes To Biennial ICCA Congress Series International Arbitration Publication

Drawing on his extensive experience in commercial and investment arbitration matters, he examines key procedural and doctrinal trends, explores practical implications for practitioners and institutions, and provides forward looking commentary on how these shifts may influence arbitral practice in the years ahead.

United States Litigation

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WilmerHale

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification

On January 28, 2026, in Avery, et al. v. TEKsystems, Inc., 2026 U.S. App. LEXIS 2091, Case No. 24-5810 (9th Cir. Jan 27, 2026), the Ninth Circuit issued an order affirming a district court's denial of an employer's motion to compel arbitration.

United States Litigation

DM

Duane Morris LLP

The Authority Conundrum: D.C. Circuit May Weigh In On Agent Authority Under The Foreign Sovereign Immunities Act

We've previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country's immunity from suit under the U.S.

United States Litigation

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Seyfarth Shaw LLP

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, "Multidistrict Litigation," and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure...

United States Litigation

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Butler Snow LLP

Hot Off The Presses! The Duane Morris Data Breach Class Action Review – 2026 And The Duane Morris Privacy Class Action Review – 2026!

United States Litigation

DM

Duane Morris LLP

Bakerly v. Seafrigo: A Rare Look Into The Commission's Award Of Attorneys' Fees

United States Litigation

HK

Holland & Knight

Arizona District Court Underscores The Importance Of Robust E-Signature Authentication For Enforcing Arbitration Agreements

United States Litigation

PC

Perkins Coie LLP

District Of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision

United States Litigation

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Greenberg Traurig, LLP

International Arbitration: AI Arbitrator Launched By The AAA-ICDR

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

"No Actual Harm Required" – California Court Of Appeal Kicks Open The Door For Standing Under The ICRAA

United States Litigation

DM

Duane Morris LLP

Bifurcation Of Inverse Condemnation Liability Can Be Dispositive Of Remaining Tort Claims

United States Litigation

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Nossaman LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Twinspires Suit In Michigan Could Impact Many States

United States Litigation

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Jones Walker

Sixth Circuit Reaffirms Ohio's Intentional-Tort Exclusion In Encore Industries v. Travelers

United States Litigation

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FBT Gibbons

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

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JAMS

The Empty Chair At Johannesburg: What It Says About US Power

United States International

SJ

Steptoe LLP

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

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JAMS

Simpson Thacher Sustainability And ESG: Regulatory Update – January 2026

Worldwide Environment

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Simpson Thacher & Bartlett

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Litigation Dispute Resolution

Highlighted Content

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

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JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

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JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

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JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

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JAMS

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

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JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

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JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

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JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

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JAMS

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

United States Litigation

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JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

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JAMS

Disclosure & Electronic Discovery & Privilege

One Minute Matters [Video]: Does Your AI Notetaker Waive Your Attorney-Client Privilege? (With Jeff Gifford)

AI notetaking tools have become ubiquitous in business meetings, but they pose serious legal risks in the boardroom that most directors don't realize.

United States Technology

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Dykema

Guardrails Before Greenlights: How Gen AI Will Actually Shape E-Discovery In 2026

Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict.

United States Technology

WS

Winston & Strawn LLP

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

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Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

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K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

United States Court Of Appeals For The Sixth Circuit Grants Writ Of Mandamus To Preserve Privilege For Internal Investigations

United States Litigation

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Milbank LLP

U.S. Sixth Circuit Reaffirms Core Protections For Outside-counsel Investigations In FirstEnergy Win

United States Litigation

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A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

BB

Beresford Booth

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Arbitration & Dispute Resolution

WilmerHale Partner Contributes To Biennial ICCA Congress Series International Arbitration Publication

Drawing on his extensive experience in commercial and investment arbitration matters, he examines key procedural and doctrinal trends, explores practical implications for practitioners and institutions, and provides forward looking commentary on how these shifts may influence arbitral practice in the years ahead.

United States Litigation

W

WilmerHale

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification

On January 28, 2026, in Avery, et al. v. TEKsystems, Inc., 2026 U.S. App. LEXIS 2091, Case No. 24-5810 (9th Cir. Jan 27, 2026), the Ninth Circuit issued an order affirming a district court's denial of an employer's motion to compel arbitration.

United States Litigation

DM

Duane Morris LLP

Arbitration Agreement's Illegible Print Not Automatically Invalid As Unfair

The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as unconscionable.

United States Employment

JL

Jackson Lewis P.C.

OFAC Issues General License 46, Authorizing Certain Activities Involving Venezuelan-Origin Oil

United States International

AG

Akin Gump Strauss Hauer & Feld LLP

Arizona District Court Underscores The Importance Of Robust E-Signature Authentication For Enforcing Arbitration Agreements

United States Litigation

PC

Perkins Coie LLP

UPC Key Documents – Legislation And Guidance

United States IP

KL

Herbert Smith Freehills Kramer LLP

2025 Year In Review: FSIA, Helms-Burton, And Cross-Border Enforcement

United States Commercial

SJ

Steptoe LLP

International Arbitration: AI Arbitrator Launched By The AAA-ICDR

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

Lost Will? Recent Case Highlights Estate Challenges

United States Family

BB

Beresford Booth

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Court Procedure

Illinois Amends Power Of Attorney Law To Better Protect Third Parties From Invalid Documents

On January 1, 2025, Illinois Public Act 103-0994 took effect, amending the Illinois Power of Attorney Act to reduce risk for third parties by ensuring the powers of attorney presented...

United States Litigation

SR

McDermott Will & Schulte

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an "affidavit of merit" or similar document at an early stage of the case.

United States Litigation

GB

Genova Burns

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony...

United States Litigation

BL

Butzel Long

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

GT

Greenberg Traurig, LLP

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

United States Litigation

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Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

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Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

United States Litigation

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Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

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Sovereign Immunity: Public Sector Government

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

Sovereign immunity is a complete shield from liability regularly raised by governmental agencies.

United States Litigation

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Lewis Brisbois Bisgaard & Smith LLP

Sovereigns In The Spotlight: Crystallex Uncertainty & Supreme Court Showdowns Ahead

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Litigation

SJ

Steptoe LLP

Transportation At SCOTUS: Arguments On NJ Transit Immunity From Lawsuits In NY And PA Will Be Heard By The U.S. Supreme Court January 14th

The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit)...

United States Litigation

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Moore & Van Allen

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

United States Litigation

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IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

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Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

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WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

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Latest Videos

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Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

BT

Barnes & Thornburg LLP

Webinar – High-Stakes Litigation: Proper Preparation Prevents Poor Performance (Video)

BB

Beresford Booth

Trend #2 – Courts Certified Classes At High Rates Across Nearly All Substantive Areas Of Class Action Litigation (Video)

DM

Duane Morris LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

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