United States: Trials & Appeals & Compensation

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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.
Article
A Look Back: The 1992 Indictment Of Sam Zakhem, A Rare FARA Case In The 1990s
In 1992, Sam Zakhem, a former U.S. ambassador to Bahrain (1986–1989), was indicted by a federal grand jury in Denver for willfully failing to register under the Foreign Agents Registration Act (FARA) and for several other charges, including violating federal tax laws. He was indicted along with two associates, William R. Kennedy Jr., former publisher of the political Conservative Digest magazine, and Scott Stanley Jr., a former editor of the same publication.
United States Litigation
CD
Caplin & Drysdale
Article
Snapshot Of Recent Trends In Asbestos Litigation 2026 Update: A Year Of Many Reversals—Average Dollars Pull Back While Resolutions And Dismissal Rates Rebound
NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.
United States Litigation
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NERA
Article
Not All Damages Are Created Equal: What The First Department Reminds Litigators And Contract Drafters In Gamma v. Pavarini McGovern
In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful reminder that courts will read damages limitations by their actual scope, not by their perceived practical effect.
United States Litigation
FF
Farrell Fritz, P.C.
Article
Pastel Pints And Crimped Crusts: What's New In Trade Dress Law
Two recent federal court decisions highlight the evolving landscape of trade dress protection in the food industry, with Van Leeuwen Ice Cream securing a $23.785 million judgment against Rebel Creamery for packaging infringement, while J.M. Smucker successfully defended its Uncrustables design marks against Trader Joe's motion to dismiss. These cases demonstrate the critical differences between pleading requirements and trial proof standards, while emphasizing the importance of establishing distinctiveness,
United States IP
BB
Baker Botts LLP
Article
Federal Circuit Denies En Banc Rehearing In Teva v. Eli Lilly, Preserving Precedent For Method-of-Treatment Patent Claims
The Federal Circuit's denial of Eli Lilly's en banc petition in Teva v. Eli Lilly solidifies a critical distinction between method-of-treatment claims and composition claims under Section 112. This precedential decision upheld a $177 million jury verdict and established that when a claimed method involves a well-known genus that is not itself the invention, the written description and enablement requirements focus on whether the method works, not on structural diversity within the genus.
United States IP
FH
Foley Hoag LLP
Article
Federal Circuit Vacates Injunction Over Claim Construction
The Federal Circuit vacated a preliminary injunction in a patent infringement case after determining that the district court misconstrued two critical claim terms—'backplate' and 'pin'—in its likelihood-of-success analysis. The appellate court rejected both parties' proposed constructions for 'backplate' and held that 'pin' should carry its plain and ordinary meaning rather than being subject to means-plus-function interpretation.
United States IP
LD
Lerner David
Article
Motions To Dismiss Haven’t Stopped The CEMA Litigation Wave. So What’s The Defense Playbook Now?
Since the Washington Supreme Court’s decision in Brown v. Old Navy, retailers and consumer brands have faced an unprecedented wave of CEMA subject-line litigation.  Each case threatens existential exposure. Many defendants initially pursued a familiar strategy: seek dismissal of these cases at the pleading stage. The problem?
United States Litigation
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Benesch Friedlander Coplan & Aronoff LLP
Article
Readily Ascertainable—WilmerHale's Trade Secret Bulletin: July 2026
Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.
United States IP
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WilmerHale
Article
Ninth Circuit Amends Opinion Partially Reviving Putative Class Action Against Manufacturer Of Pop Culture Collectibles And Denies Rehearing Petitions
The Ninth Circuit has amended its opinion in a securities fraud class action against a pop culture collectibles manufacturer, clarifying that the company's risk disclosures improperly framed already-realized harms as hypothetical future risks. The court denied petitions for panel rehearing and rehearing en banc, maintaining its partial reversal of the district court's dismissal of claims under Sections 10(b) and 20(a) of the Securities Exchange Act.
United States Litigation
AO
A&O Shearman
Article
Expert Reports Generated By Artificial Intelligence Are Prone To Being Ignored (Shirran v. The Owners, Strata Plan KAS 4004; Laake v. 3M Company)
Expert reports are often invaluable in civil and criminal cases. In general, these reports provide the trier of fact with an opinion from an expert witness who possesses specialized knowledge, skill or experience on technical or scientific issues in dispute that are beyond the trier of fact’s knowledge or experience.
United States Litigation
GR
Gardiner Roberts LLP
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