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.

4th Circuit Holds Exposure To Contaminants Is A Sufficient Injury In Some Medical Monitoring Cases

On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs...

United States Litigation

LS

Lowenstein Sandler

Second Circuit Rules That The NFL Arbitration Of Race Discrimination Claims Because Arbitration Process Provides Arbitration "In Name Only"

Duane Morris Takeaways: On August 14, 2025, in Flores v. N.Y. Football Giants, Inc., No. 23-1185, 2025 U.S. App. LEXIS 20688 (2d Cir. Aug. 14, 2025)...

United States Litigation

DM

Duane Morris LLP

Brasília Em Pauta - Edição Nº 208

O "Brasília em Pauta" é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de Justiça (STJ) e Tribunal de Contas da União (TCU), bem como importantes questões a serem votadas pela Câmara dos Deputados e Senado Federal.

United States Litigation

MB

Mayer Brown

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a "business purpose."

United States Litigation

FL

Foley & Lardner

California Supreme Court Allows More Flexibility On Arbitration Fee Payment Rules

United States Litigation

JL

Jackson Lewis P.C.

California Supreme Court Eases Employer Risks In Arbitration Fee Rule

United States Litigation

BT

Barnes & Thornburg LLP

Litigation Minute: A Year After Loper Bright: Lessons From A Legal Shake-Up

United States Litigation

KG

K&L Gates LLP

District Court Refuses To Certify Fair Use Decision For Early Appellate Review

United States Litigation

MG

Merchant & Gould

Podcast - The Godfather Of Houston

United States Litigation

HK

Holland & Knight

Documents And Other Types Of Evidence In Construction Disputes

United States Litigation

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WilmerHale

Judgment Entered In Akkawi, Et Al. v. Sadr, Et Al.

United States Litigation

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Madison Law

The Road Less Traveled: Which Potential Arbitral Reforms Were Left Out Of The Arbitration Act 2025 And Why?

United States Litigation

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WilmerHale

California Supreme Court Saves But Guts Anti-Arbitration Statute

United States Litigation

PR

Proskauer Rose LLP

A Sigh Of Relief For Public Agencies: Existing Permit Conditions Such As Traffic Impact Mitigation Fees, Imposed On Classes Of Development, Can Satisfy The Nollan/Dolan Test

United States Litigation

KM

Kronick Moskovitz Tiedemann & Girard

New Montana State Income And Property Taxes For 2025 & 2026

United States Tax

PB

Parsons Behle & Latimer

Analysis Of The 2025 Federal Tax Changes Under The "One Big Beautiful Bill" Legislation

B

BakerHostetler

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Artificial Intelligence 2025 - Trends And Developments

United States Technology

SJ

Steptoe LLP

Is The Economy Shifting? Ankura's July 2025 U.S. Economic Tracker Reveals Key Trends

United States Strategy

AC

Ankura Consulting Group LLC

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Litigation Dispute Resolution

Highlighted Content

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

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JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

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JAMS

The Changes To The English Arbitration Regime: What Parties To International Construction Disputes Need To Know

United States Litigation

J

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

J

JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

United States Litigation

J

JAMS

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

J

JAMS

California's Global Rise: Insights From International Arbitration Week

United States Litigation

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JAMS

Disclosure & Electronic Discovery & Privilege

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a "business purpose."

United States Litigation

FL

Foley & Lardner

Beyond The Verdict: The Essential Drive Of Post-Judgment Discovery

You've navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order.

United States Litigation

OK

Offit Kurman

DoJ Declines Prosecution Of Company That Self-Disclosed Export Control Offenses

The Justice Department announced that it will not be prosecuting Universities Space Research Association (USRA) for violations of U.S. export control laws, citing prompt self-disclosure and cooperation.

United States International

DT

Diaz Trade Law

Mass Appeals Court: Attorney-Client Privilege Applies To Town Emails, Despite Open Meeting Law Violation

United States Litigation

MO

Mirick O'Connell

AI In Action: Enhancing Legal Discovery And Investigation Reviews

United States Litigation

AC

Ankura Consulting Group LLC

Ensuring A Secure "Hold": Balancing Practicality And Privilege In Litigation Hold Notices

United States Litigation

AP

Arnold & Porter

What's Old Is New Again: Why Document Review Protocols And Custodian Interviews Still Matter In AI-Driven Ediscovery

United States Technology

AP

Arnold & Porter

How Did We Get Here? (Podcast)

United States Litigation

HK

Holland & Knight

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

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Arbitration & Dispute Resolution

Control, Creativity, Closure: The Mediation Advantage

In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater.

United States Litigation

J

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

With more than 40 years of experience in construction mediations, I've seen how early mediator involvement can significantly streamline the resolution process.

United States Litigation

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JAMS

The Changes To The English Arbitration Regime: What Parties To International Construction Disputes Need To Know

England, and in particular, London, is one of the leading international arbitration centers and is frequently selected as a seat of arbitration.

United States Litigation

J

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

J

JAMS

Second Circuit Rules That The NFL Arbitration Of Race Discrimination Claims Because Arbitration Process Provides Arbitration "In Name Only"

United States Litigation

DM

Duane Morris LLP

Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection

United States Real Estate

WS

Winston & Strawn LLP

California Supreme Court Allows More Flexibility On Arbitration Fee Payment Rules

United States Litigation

JL

Jackson Lewis P.C.

California Supreme Court Eases Employer Risks In Arbitration Fee Rule

United States Litigation

BT

Barnes & Thornburg LLP

Documents And Other Types Of Evidence In Construction Disputes

United States Litigation

W

WilmerHale

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European Union

The EU Commission’s New Communication On The Application Of Article 82 To Exclusionary Conduct – Compromise, Pastiche, Holding Action, Tight-Rope Walk, Exercise In International Antitrust Diplomacy

Over the past eight years, the European Commission (“Commission”) has been engaged in a programme to modernize substantive EU competition law and the structures for its enforcement.

European Union Anti-trust

MF

Morrison & Foerster LLP

Scope Of Protection Of The Community Design Right

The English Court of Appeal has now set an important precedent in Europe and provided the first authoritative guidance on the nature and scope of the Registered Community Design.

United States IP

MW

McDermott Will & Emery

Antitrust & Trade Regulation Update

Antitrust and trade regulation updates from the European Union, Around the World and the United States

United States Anti-trust

SS

Squire, Sanders & Dempsey L.L.P.

European Commission To Pay For Botched Merger Review

United States International

MW

McDermott Will & Emery

The Abbey VAT Case: Implications for Investment Fund Outsourcing

United States Employment

PW

Pillsbury Winthrop Shaw Pittman

ShellNews.net: Royal Dutch Shell Farcical No. 2 Ranking in the 2005 "Accountability Rating" Published in FORTUNE Magazine

United States Commercial

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royaldutchshellplc.com

Electronic Waste Responsibilities Loom on the Horizon

United States Environment

FB

Farella Braun & Martel

The Encroaching Jurisdiction of the European Bankruptcy Regulation

European Union Insolvency

RS

Reed Smith

The House Of Lords Wakes Up

United States IP

MW

McDermott Will & Emery

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Court Procedure

Doing The Right Thing: Playing Fair With The Involuntary Pro Se Litigant

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

United States Litigation

CH

Clark Hill

Ohio Court Ruling Highlights Judicial Discretion To Grant Or Deny American Discovery For Cross-Border Litigation

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign litigation.

United States Litigation

TS

Taft Stettinius & Hollister

Beware Of Discovery: Eleventh Circuit Changes Course On Whether Discovery Material Counts On A 9(b) Motion

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

United States Litigation

AP

Arnold & Porter

Colorado Supreme Court Clarifies When The Duty To Preserve Evidence Begins

United States Litigation

CH

Clark Hill

U.S. Supreme Court To Consider Whether A State Malpractice Statute Applies In Federal Court

United States Litigation

DM

Duane Morris LLP

Decision Alert: Supreme Court Affirms Rule 60(b)'s High Bar To Reopen Final Judgments

United States Litigation

D

Dykema

Voir Dire On Damages In California: Not Just Permitted – It Is Mandatory

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

Article 15-6 Investigations: Should You Talk To The Investigator Without An Attorney Present?

United States Litigation

TR

Tully Rinckey

Federal Court Issues Order Granting Universal Injunction To A Provisionally Certified Class In New Birthright Citizenship Lawsuit

United States Finance

BS

Ballard Spahr LLP

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Latest Videos

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House Oversight Committee Issues Subpoenas For Epstein Files (Video)

JW

Jones Walker

The Journey Of Litigation (Video)

OK

Offit Kurman

Received A Litigation Threat? Your Essential First Steps Revealed (Video)

C

Crowley Law LLC

A Seat With An Expert Series: Jeremy Tilsner (Forensic Technology Edition) (Video)

AM

Alvarez & Marsal

The Class Action Weekly Wire – Episode 110: Key Developments In WARN Class Actions (Video)

DM

Duane Morris LLP

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