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.

Twinspires Suit In Michigan Could Impact Many States

On Dec. 16, 2025, the United States Court of Appeals for the 6th Circuit upheld the Western District of Michigan's ruling and injunction in favor of Churchill Downs Inc.'s TwinSpires' advance-deposit wagering platform in a case that could impact wellbeyond the Wolverine State's borders.

United States Litigation

JW

Jones Walker

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

The U.S. Court of Appeals for the Sixth Circuit recently issued a decision, in Encore Industries, Inc. v. Travelers Property Casualty Company of America, reaffirming long‑established Ohio law...

United States Litigation

FB

FBT Gibbons

Class Action Decisions Published December 2025

Numerosity Requirement for Settlements. The U.S. District Court for the Northern District of West Virginia denied a motion for final approval of a class action settlement against the City of Morgantown...

United States Litigation

SH

Shook, Hardy & Bacon

Ninth Circuit Holds That Unnamed Class Members Must Prove Article III Standing To Withstand Summary Judgment

In a significant post-TransUnion decision for defendants litigating damages class actions, the Ninth Circuit held in Healy v. Milliman, Inc. that unnamed class members must produce...

United States Litigation

BT

Barnes & Thornburg LLP

No Waiver Here: Courts Protect Consumer Arbitration Rights And Sanction Counsel For Misrepresentation

United States Litigation

D

Dechert

Product Liability Litigation And The 2025 Judicial Panel On Multidistrict Litigation: A Year In Review

United States Litigation

D

Dechert

When Can Non-Parties Enforce An Arbitration Agreement? Colorado Court Stands Firm On Fundamental Contract Law

United States Litigation

CH

Clark Hill

The Class Action Weekly Wire – Episode 133: Key Developments In EEOC And Government Enforcement Litigation (Video)

United States Litigation

DM

Duane Morris LLP

Hague Tribunal Claims Could Be Iran's Last Bargaining Chip

United States Litigation

BS

Boies Schiller Flexner

Mass Arbitration Series, Part 2: JAMS' Process (Podcast)

United States Litigation

B

Bracewell

Manifest Disregard Of The Law — For Factual Errors? The Debate Continues

United States Litigation

B

Bracewell

California Supreme Court Opens The Door To Declaratory Relief In Public Records Act Claims

United States Litigation

KM

Kronick Moskovitz Tiedemann & Girard

Preservation Behavior Will Avoid Waiver: Third Circuit Vacates District Court Decision Finding Company Waived Right To Enforce Arbitration Provisions

United States Litigation

DM

Duane Morris LLP

Supreme Court Confirms That State Affidavit-of-Merit Laws Don't Apply In Federal Court

United States Litigation

Wa

Ward and Smith, P.A.

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Weighs Extent Of President's Authority To Impose Tariffs During Proclaimed National Emergencies

United States Litigation

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Dykema

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

United States Litigation

J

JAMS

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

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WilmerHale

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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

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

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

United States Litigation

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

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

D

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

WL

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

ML

Milbank LLP

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

United States Litigation

AO

A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

BB

Beresford Booth

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Arbitration & Dispute Resolution

OFAC Issues New General License Authorizing Established US Companies To Engage In Trade Of Venezuelan Oil And Related Activities

On January 29, 2026, the US Department of the Treasury's Office of Foreign Assets Control (OFAC) issued a new Venezuela-related General License (No. 46), authorizing established US companies to engage...

United States International

MB

Mayer Brown

2026 California Construction Law Update: What Private Project Owners And Contractors Need To Know About SB 61 And SB 440

Two important changes in California law impacting private construction projects went into effect on January 1, 2026, applying to contracts entered into on or after January 1, 2026...

United States Real Estate

RT

Rutan & Tucker

No Waiver Here: Courts Protect Consumer Arbitration Rights And Sanction Counsel For Misrepresentation

Recent decisions reaffirm courts' willingness to reject arguments that a defendant waived arbitration rights by participating in litigation.

United States Litigation

D

Dechert

When Can Non-Parties Enforce An Arbitration Agreement? Colorado Court Stands Firm On Fundamental Contract Law

United States Litigation

CH

Clark Hill

Hague Tribunal Claims Could Be Iran's Last Bargaining Chip

United States Litigation

BS

Boies Schiller Flexner

Mass Arbitration Series, Part 2: JAMS' Process (Podcast)

United States Litigation

B

Bracewell

Manifest Disregard Of The Law — For Factual Errors? The Debate Continues

United States Litigation

B

Bracewell

Preservation Behavior Will Avoid Waiver: Third Circuit Vacates District Court Decision Finding Company Waived Right To Enforce Arbitration Provisions

United States Litigation

DM

Duane Morris LLP

Pryor Cashman Welcomes Partner Jared Lopez To Litigation Group In Miami

United States Law Performance

PC

Pryor Cashman LLP

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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

D

Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

PL

Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

United States Litigation

BD

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

LB

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

MV

Moore & Van Allen

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

United States Litigation

IG

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

SH

Shook, Hardy & Bacon

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

United States Litigation

W

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

BB

Beresford Booth

November 2025 Seventh Circuit Roundup: Key Decisions On Implied Rights, Personal Jurisdiction, And Section 1983 (Podcast)

BT

Barnes & Thornburg LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

The Class Action Weekly Wire – Episode 127: California Federal Judge Overrules Objections To The NCAA's $2.78 Billion NIL Class Action Settlement (Video)

DM

Duane Morris LLP

Litigating With Laser Focus (Video)

AP

Arnold & Porter

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