United States: Litigation, Mediation & Arbitration

When an artificial intelligence (AI) company gets sued, the opposing side can demand access to the technical core of its business: the training datasets, model architectures, and algorithms that define how the system behaves.

Two courts recently addressed whether AI prompts and conversations used in litigation preparation are discoverable, with both the Texas Business Court and New York Supreme Court...

The Texas Business Court has weighed in on a critical question facing modern litigation: can conversations with AI tools like ChatGPT be shielded from discovery? In a June 2026 ruling,...

A jury found that Abiomed's Impella intravascular pumps did not infringe Maquet's patent under the reverse doctrine of equivalents, despite meeting literal claim limitations, and determined the asserted patent claim was invalid for failing written description and enablement requirements. The case now awaits a judicial determination on whether assignor estoppel should preclude Abiomed from challenging the patent's validity.

The Appellate Division, First Department affirmed a lower court's denial of plaintiffs' motion to amend their complaint against a rideshare company after the time to appeal a dismissal order had expired.

Ballard Spahr's Consumer Financial Services Group delivers comprehensive legal analysis on mortgage banking, consumer finance, and regulatory developments. This newsletter examines Illinois' new consumer complaint portal, AI shopping bots pushing retail legal boundaries, the FTC's restraining order against a mortgage relief operation, Colorado's opt-out developments, and President Trump's nomination of Brian Johnson to lead the CFPB.

The Appellate Division, First Department affirmed a lower court's denial of plaintiffs' motion to amend their complaint against a rideshare company after the time to appeal a dismissal order had expired.

A notable shift is emerging in the treatment and pursuit of avoidance actions as bankruptcy filings continue to rise across certain sectors of the economy. Preference litigation, long a routine component of Chapter 11 proceedings, is becoming increasingly sophisticated as trustees, litigation trusts, and estate representatives adopt new tools and strategies to maximize recoveries.

As multinational corporations navigate the complex aftermath of invalidated IEEPA tariffs, a critical new battleground has emerged over the administration and distribution of refunds.

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.