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.

La Emocionología Del Arbitraje Y La Mediación (Podcast)

La Emocionología del Arbitraje y la Mediación por el Dr. Gilbert K. Squires, P.E., BCS, FCollArb, DCIArb (Doctor Juris, Ingeniero Profesional Registrado, Especialista en Derecho Internacional, y Litigio y Arbitraje Internacional, Miembro Distinguido del Colegio de Árbitros Comerciales, Diplomado en Arbitraje Internacional del Instituto Colegiado de Árbitros (DCIArb)). Árbitro Internacional, Mediador, Magistrado Especial. Squires inventó la palabra “emocionología.”

United States Litigation

J

JAMS

Ninth Circuit: Reverses Dismissal Finding “Rare Circumstances” Where Core Operations Doctrine Applies

The Ninth Circuit recently reversed in part dismissal in a putative securities fraud class action alleging that a toy manufacturer and two of its officers misrepresented the status of its inventory management, distribution capabilities, and IT system use.

United States Litigation

ST

Simpson Thacher & Bartlett

Proactive Strategies For Commercial Indemnification Disputes: Managing Recurring Risks

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts.

United States Litigation

AP

Arnold & Porter

Extension Of Prohibition On Assigning Legal Malpractice Claims

A Washington Court of Appeals decision extends the prohibition on assigning legal malpractice claims in cases involving the tripartite relationship between insurers, insureds, and defense counsel.

United States Litigation

BB

Beresford Booth

Washington Bench Trial Or Jury Trial? How The Choice Can Change Your Entire Case

United States Litigation

HS

Harris Sliwoski

BIPA Game Changer: Seventh Circuit Caps Damages And Resets The Playing Field For Defendants

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Fourth Circuit Draws The Line On Student Cell Phone Searches: O.W. v. Carr

United States Litigation

PC

Pender & Coward

Washington State Arbitration Clauses: When They Help And When They Hurt

United States Litigation

HS

Harris Sliwoski

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read

United States Litigation

BT

Barnes & Thornburg LLP

New York’s AVOID Act Imposes 90-Day Deadline For Third-Party Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Mississippi Supreme Court Limits Reptile Theory Presentations To Juries

United States Litigation

JW

Jones Walker

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Judges Across The Country Make Clear: AI Hallucinations In Court Filings Will Not Be Tolerated

United States Litigation

K

Klemchuk

Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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

United States International

SJ

Steptoe LLP

Force Majeure And The Middle East Conflict: Ten Practical Tips For Contracting Parties

United States Commercial

BB

Baker Botts LLP

We Get Contracting: Episode 2 — Civil Rights Compliance Opens New Path To FCA Claims (Podcast)

United States Government

JL

Jackson Lewis P.C.

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

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

Litigation Dispute Resolution

International Arbitration

Enforcement of Foreign Judgments

Highlighted Content

La Emocionología Del Arbitraje Y La Mediación (Podcast)

United States Litigation

J

JAMS

The Emotionology Of Arbitration And Mediation

United States Litigation

J

JAMS

China’s New Commercial Mediation Framework: A Turning Point For Dispute Resolution

United States Litigation

J

JAMS

Who Picks the Arbitrator — You Or The Algorithm?

United States Litigation

J

JAMS

Minimizing Construction Delays In Domestic And International Arbitration

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

Proactive Strategies For Commercial Indemnification Disputes: Managing Recurring Risks

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts.

United States Litigation

AP

Arnold & Porter

Requirements For Accepting 31aa School Funding For School Safety And Mental Health Ruled Constitutionally Valid

On April 14, 2026, the Michigan Court of Appeals ruled that the waiver of privilege requirement (including attorney-client) for accepting funds for school safety and mental health under Section 31aa...

United States Government

CH

Clark Hill

2026--The Year Oracle's Java Audits Get Real

For three years, we have been writing about Oracle’s Java licensing enforcement as a slow-motion campaign — one that began with “friendly” compliance emails, continued through a series of escalating sales-team...

United States Commercial

TG

Tactical Law Group LLP

Federal Court Holds AI Communications Are Not Protected By Privilege Or Work Product

United States Technology

Aa

Adams and Reese

Think Before You Chat: Using AI For Legal Questions May Waive Privilege And Create Discovery Risks

United States Litigation

GT

Greenberg Traurig, LLP

No Counsel, No Privilege: Courts Signal That Client AI Use May Fall Outside Attorney-Client Privilege

United States Technology

BS

Bond, Schoeneck & King PLLC

Putting The "AI" In Waiver Of Privilege

United States Technology

WG

Watson Goepel LLP

AI And Privilege: Lessons From A Recent Federal Court Decision

United States Technology

DL

Davis+Gilbert LLP

Questions To AI Models May Be Discoverable

United States Technology

KG

K&L Gates LLP

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Arbitration & Dispute Resolution

Ninth Circuit: Reverses Dismissal Finding “Rare Circumstances” Where Core Operations Doctrine Applies

The Ninth Circuit recently reversed in part dismissal in a putative securities fraud class action alleging that a toy manufacturer and two of its officers misrepresented the status of its inventory management, distribution capabilities, and IT system use.

United States Litigation

ST

Simpson Thacher & Bartlett

Proactive Strategies For Commercial Indemnification Disputes: Managing Recurring Risks

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts.

United States Litigation

AP

Arnold & Porter

What VDPP v. Volkswagen Could Mean For Patent Settlements And Marking

A pending Federal Circuit decision may force licensing counsel to rethink one of the most routine provisions in patent settlement agreements — the licensee’s denial of infringement.

United States IP

BA

Bradley Arant Boult Cummings LLP

The Coming Wave Of Indirect Access Disputes

United States Commercial

TG

Tactical Law Group LLP

Counterfeiting Litigation Targets Online Marketplaces

United States IP

CM

Crowell & Moring LLP

Washington Bench Trial Or Jury Trial? How The Choice Can Change Your Entire Case

United States Litigation

HS

Harris Sliwoski

IBM’s $17 Million DEI Settlement: A Watershed Moment For False Claims Act Enforcement

United States Government

WD

Wiggin & Dana

Littler Lightbulb – March 2026 Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

California Court Of Appeal Vacates Arbitral Award Due To Unresolved Factual Question Regarding Petitioners’ Legal Standing To Pursue Corporation’s Claims

United States Commercial

SM

Sheppard, Mullin, Richter & Hampton LLP

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Court Procedure

Washington Bench Trial Or Jury Trial? How The Choice Can Change Your Entire Case

In Washington state litigation, the decision between a bench trial and a jury trial is far more than a procedural formality—it fundamentally shapes case strategy, witness preparation, settlement leverage, and ultimate outcomes.

United States Litigation

HS

Harris Sliwoski

D.C. Circuit Showdown Over CFPB: Plaintiffs Oppose Effort To Fast-Track Agency Downsizing But Surprisingly Support Remand To District Court For It To First Consider Modifying The Preliminary Injunction As CFPB Urged In Motion

A high-stakes procedural battle is unfolding in the en banc U.S. Court of Appeals for the District of Columbia Circuit that could determine the near-term fate of the Consumer Financial Protection Bureau (“CFPB”).

United States Consumer

BS

Ballard Spahr LLP

Washington State Arbitration Clauses: When They Help And When They Hurt

Washington businesses often treat arbitration clauses as harmless boilerplate, but these provisions fundamentally reshape dispute resolution by limiting discovery, narrowing remedies, and restricting appeal rights.

United States Litigation

HS

Harris Sliwoski

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read

United States Litigation

BT

Barnes & Thornburg LLP

New York’s AVOID Act Imposes 90-Day Deadline For Third-Party Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Mississippi Supreme Court Limits Reptile Theory Presentations To Juries

United States Litigation

JW

Jones Walker

Suffolk County Filing Period For Real Property Tax Grievances Begins May 1, 2026

United States Tax

FF

Farrell Fritz, P.C.

NLRB Pushes Forward With Cemex—Despite Sixth Circuit Setback

United States Employment

DS

Dinsmore & Shohl

What Fry v. Honda Signals About Early Chapter 93A Exposure

United States Litigation

GT

Greenberg Traurig, LLP

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Sovereign Immunity: Public Sector Government

Supreme Court Puts Brakes On Interstate Sovereign Immunity For State-Created Corporations

In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity.

United States Litigation

N

Nossaman LLP

Civil Litigation In US Courts: A Primer For Non-US Entities

Civil litigation in the United States presents unique challenges for non-U.S. entities, from expansive pretrial discovery to parallel court systems and public proceedings.

United States Litigation

SA

Skadden Arps Slate Meagher & Flom

Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

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

United States Litigation

SJ

Steptoe LLP

Three Point Shot - March 2026

United States IP

PR

Proskauer Rose LLP

Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

Worldwide Litigation

W

WilmerHale

US Supreme Court Clarifies "Arm-of-the-State" Doctrine—NJ Transit Not Immune

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Asia Pacific 2025 Anti-Corruption Rankings: Transparency International's CPI

Worldwide Criminal

SJ

Steptoe LLP

Qualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. Linton

United States Litigation

PC

Pender & Coward

PETA’s Monkey Speech Claim Fails

United States Litigation

DM

Duane Morris LLP

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Latest Videos

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Civil Investigative Demands — What They Are, How They Work, And How To Respond (Video)

SS

Seyfarth Shaw LLP

Major Changes To Third-Party Practice: An Overview Of New York's AVOID Act (Video)

BS

Bond, Schoeneck & King PLLC

Invest Early. Win Later. (Video)

AP

Arnold & Porter

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

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