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.

Worried Three's A Crowd? Decline Intervention At Your Own Peril

Last week, the Federal Circuit heard oral argument in Global K9 Protection Group, LLC v. United States, a bid protest appeal concerning, in part, whether an awardee who chose not to intervene at the outset of the protest should have been allowed to do so after its award was enjoined.

United States Litigation

CM

Crowell & Moring LLP

What Do You Mean I Am Not Indemnified?—The Comparative Negligence Trap In Indemnity Clauses In Texas

Texas, like a number of other states, strictly interprets indemnity clauses. Moreover, it has adopted a strict interpretation of a rule called the Express Negligence Doctrine.

United States Litigation

K

Klemchuk

From Reactive To Proactive: Embedding Intelligence Into EDiscovery And Legal Tech

For two decades, eDiscovery has been defined by reaction. A subpoena lands or litigation begins, and the scramble follows: collect, preserve, review, produce.

United States Litigation

AM

Alvarez & Marsal

Notice Of Appeal Winter 2026

The Court granted petitions for panel rehearing in two precedential cases: NRA Group, LLC v. Durenleau and Murrin v. Commissioner of Internal Revenue. The panels issued amended opinions making minor changes in each case...

United States Litigation

CO

Cozen O'Connor

Supreme Court Allows Candidates To Challenge Vote-Counting Rules

United States Litigation

LL

Lavelle Law

Illinois Appellate Court Requires Setoff Of High-Low Settlement Payments Even After A Defense Verdict

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

The Class Action Weekly Wire – Episode 134: Key Developments In Privacy And Data Breach Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

WilmerHale Partner Contributes To Biennial ICCA Congress Series International Arbitration Publication

United States Litigation

W

WilmerHale

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification

United States Litigation

DM

Duane Morris LLP

The Authority Conundrum: D.C. Circuit May Weigh In On Agent Authority Under The Foreign Sovereign Immunities Act

United States Litigation

SS

Seyfarth Shaw LLP

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

United States Litigation

BS

Butler Snow LLP

Hot Off The Presses! The Duane Morris Data Breach Class Action Review – 2026 And The Duane Morris Privacy Class Action Review – 2026!

United States Litigation

DM

Duane Morris LLP

Bakerly v. Seafrigo: A Rare Look Into The Commission's Award Of Attorneys' Fees

United States Litigation

HK

Holland & Knight

Arizona District Court Underscores The Importance Of Robust E-Signature Authentication For Enforcing Arbitration Agreements

United States Litigation

PC

Perkins Coie LLP

Artificial Intelligence In ADR: A Neutral's Evolving Perspective

United States Technology

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

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

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

United States Litigation

J

JAMS

Simpson Thacher Sustainability And ESG: Regulatory Update – January 2026

Worldwide Environment

ST

Simpson Thacher & Bartlett

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

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

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

KG

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

California High Court Limits Use Of Formatting And "Fine Print" Arguments To Defeat Arbitration

The California Supreme Court (the "Court") has confirmed that an arbitration agreement's formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.

United States Employment

LM

Littler Mendelson

A Year With "Good Company": Hypothetical Scenarios, Real ALSP Solutions

When planning for 2026, many organizations anticipate growth, new offerings, and operational shifts. To explore how legal needs can evolve alongside these changes, this piece walks through a year with "Good Company,"...

United States Commercial

NM

Nelson Mullins Riley & Scarborough LLP

WilmerHale Partner Contributes To Biennial ICCA Congress Series International Arbitration Publication

Drawing on his extensive experience in commercial and investment arbitration matters, he examines key procedural and doctrinal trends, explores practical implications for practitioners and institutions, and provides forward looking commentary on how these shifts may influence arbitral practice in the years ahead.

United States Litigation

W

WilmerHale

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification

United States Litigation

DM

Duane Morris LLP

Arbitration Agreement's Illegible Print Not Automatically Invalid As Unfair

United States Employment

JL

Jackson Lewis P.C.

OFAC Issues General License 46, Authorizing Certain Activities Involving Venezuelan-Origin Oil

United States International

AG

Akin Gump Strauss Hauer & Feld LLP

Arizona District Court Underscores The Importance Of Robust E-Signature Authentication For Enforcing Arbitration Agreements

United States Litigation

PC

Perkins Coie LLP

UPC Key Documents – Legislation And Guidance

United States IP

KL

Herbert Smith Freehills Kramer LLP

2025 Year In Review: FSIA, Helms-Burton, And Cross-Border Enforcement

United States Commercial

SJ

Steptoe 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 130: Mapping Out The "Judicial Hellholes" – Top Plaintiff-Friendly Jurisdictions For 2025-2026 (Video)

DM

Duane Morris LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

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