United States: Litigation, Mediation & Arbitration

Facing a deposition can be daunting whether you're a party to a case or a potential witness. Understanding the deposition process, knowing how to prepare effectively, and learning key strategies for providing testimony under oath can make the difference between a successful deposition and a problematic one.

Oregon's civil discovery rules diverge sharply from federal practice by eliminating interrogatories and generally prohibiting compelled pretrial disclosure of retained expert testimony. Understanding these procedural differences and adapting discovery strategy accordingly can mean the difference between building a winning record and discovering critical gaps too late to address them.

The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...

Explore critical legal challenges facing in-house counsel in 2026, from AI-driven trade secret risks and shadow AI data breaches to litigation exit strategies and the regulatory battle over prediction markets. How are these emerging issues reshaping corporate legal risk management?

For families with substantial wealth, estate planning is often designed to prevent disputes. Trusts are carefully drafted. Assets are placed into entities or trusts. Professional fiduciaries may be appointed to manage property. Succession plans are developed for family businesses.

On June 30, 2026, Governor Gavin Newsom signed Assembly Bill 2155, amending California Code of Civil Procedure Section 1281 to provide that arbitration agreements subject to the California Arbitration Act...

A California appellate court affirmed the dismissal of Vivek Shah's default judgment against marketing agency Wpromote, finding critical gaps between his boilerplate CIPA allegations and the actual facts pled. The decision highlights how Shah's pattern of cookie-tracking lawsuits continues to unravel when courts apply proper scrutiny to whether his complaints substantively support the legal claims being made.

A California company facing a CIPA violation demand letter over its use of Google Analytics 4 and HubSpot has taken the unprecedented step of filing a preemptive declaratory judgment action against serial litigant Vivek Shah. The case now tests whether federal courts will entertain such reverse actions when a plaintiff has sent hundreds of similar demand letters but hasn't yet filed the actual lawsuit.

NFL stars Patrick Mahomes and Travis Kelce face a lawsuit connected to their 1587 Prime steakhouse, but the legal battle centers on corporate structure and jurisdiction rather than trademark infringement. Litigation expert James Molen breaks down the key arguments and what could determine whether the athletes remain defendants in this case.

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 Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.

WilmerHale partners analyze three pivotal Supreme Court rulings from the 2025-2026 term that reshape the landscape for transnational litigation, examining how these decisions affect corporate liability...