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.

Confidentiality Cracks: English Court Clarifies Arbitral Confidentiality

Confidentiality is not Guaranteed: The English Courts have provided welcome clarification on the parameters of the implied arbitral duty of confidentiality and have warned it is not guaranteed.

United States Litigation

D

Dechert

Notable Developments In Massachusetts Law: Business Litigation Session Adopts First Circuit Standard For Subject Matter Waiver Of Attorney-Client Privilege, Clarifies Scope Of Work Product Doctrine

On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours...

United States Litigation

W

WilmerHale

Forum TBD: 30 Days For Removal To Federal Court, NJ Transit Immunity From Lawsuits In NY And PA – Two Issues The U.S. Supreme Court Will Decide

The court in which a case is litigated can be one of the most important strategic decisions to be made by the parties involved.

United States Litigation

MV

Moore & Van Allen

Des décisions américaines à regarder de près…

À l'heure où l'on peut redouter que des contentieux américains visant à parasiter des contrats d'armements ou concernant les transferts de technologies se multiplient dans les années à venir...

United States Litigation

FH

Foley Hoag LLP

Juries For Takings Liability: Treating Litigants Alike

United States Litigation

MP

Manatt, Phelps & Phillips LLP

UK Court Of Appeal Issues $502M FRAND Judgment In Optis Case

United States Litigation

RC

RPX Corporation

Zoning Standing In The Spotlight: SJC And Appeals Court Issue Back-to-Back Decisions Reinforcing High Bar For "Aggrieved Person" StatusTest

United States Litigation

RM

Rich May

Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test For Expressive Works Post-Jack Daniel's

United States Litigation

MS

Mitchell Silberberg & Knupp LLP

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

United States Litigation

TS

Taft Stettinius & Hollister

Sentencing Hearing For The Killer Of Four University Of Idaho Students (Video)

United States Litigation

JW

Jones Walker

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

United States Litigation

D

Dechert

Third-Party Litigation Funding: United States And European Union Explore Legal Reforms

United States Litigation

D

Dechert

The Class Action Weekly Wire – Episode 112: Sanctions Issues In Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

New York Appellate Court Highlights Standards For Dismissal And Summary Judgment In Contract Cases

United States Litigation

DM

Duane Morris LLP

The Art Of The (UK) Deal

United States International

BG

Braumiller Law Group, PLLC

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

2025 Trade Policy Agenda Provides Rationale For Trump Tariff Actions

United States International

BG

Braumiller Law Group, PLLC

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

United States Litigation

J

JAMS

Artificial Intelligence 2025 - Trends And Developments

United States Technology

SJ

Steptoe LLP

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Litigation Dispute Resolution

Highlighted Content

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

J

JAMS

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

United States Litigation

J

JAMS

Why Early Mediations Fail And How To Maximize Their Chances For Success

United States Litigation

J

JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration

United States Litigation

J

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

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

Government entities should be aware of a recent decision from the Massachusetts Appeals Court regarding the application of the attorney-client privilege to emails that did not include attorneys...

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

When Your Fingers Do The Talking: D.C. Circuit Rules That Compelled Opening Of Cellphone With Fingerprint Violates The Fifth Amendment

United States Litigation

AP

Arnold & Porter

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Arbitration & Dispute Resolution

Advanced Contracting Strategies For In-House Counsel: Agency, NDAs, GenAI, And ADR

It's a Monday morning, you're sitting at your desk, and the first contract of the week lands in your inbox.

United States Commercial

GT

Greenberg Traurig, LLP

Federal Circuit Denies Appellate Jurisdiction Based On Alternative Ground For Relief

In Acorda Therapeutics, Inc. v. Alkermes PLC, the Federal Circuit held that it did not have appellate jurisdiction to review a decision by the district court in the Southern District of New York not to modify...

United States IP

SM

Sheppard Mullin Richter & Hampton

Confidentiality Cracks: English Court Clarifies Arbitral Confidentiality

Confidentiality is not Guaranteed: The English Courts have provided welcome clarification on the parameters of the implied arbitral duty of confidentiality and have warned it is not guaranteed.

United States Litigation

D

Dechert

Ninth Circuit Hands Employers Split Decision On Key Procedural Aspects Of FLSA Collective Actions

United States Employment

JL

Jackson Lewis P.C.

Paternity And Custody: Establishing Rights And Responsibilities

United States Family

DS

Diggs & Sadler

HOA Dispute Resolution In California: From Mediation To Litigation

United States Real Estate

LS

LS Carlson Law

HOA Maintenance Responsibilities In California: Legal Division Of Duties

United States Real Estate

LS

LS Carlson Law

The Davis-Stirling Act: Complete Guide To California's HOA Law

United States Real Estate

LS

LS Carlson Law

Des décisions américaines à regarder de près…

United States Litigation

FH

Foley Hoag LLP

See more

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

r

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

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

In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a "court may sanction a party for the destruction of relevant evidence...

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

WL

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

No 93A Claim Without Specifics: Florida Court Dismisses Chapter 93A Allegations Against Liberty Mutual

United States Commercial

GT

Greenberg Traurig, LLP

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Latest Videos

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Sentencing Hearing For The Killer Of Four University Of Idaho Students (Video)

JW

Jones Walker

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 111: California Court Greenlights "Headless" PAGA Suit (Video)

DM

Duane Morris LLP

Quick Guide To Administrative Hearings (Video)

OK

Offit Kurman

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