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.

NJ Appellate Division Finds Easement Abandoned By Its Holder's Actions

A recorded easement may be deemed abandoned under New Jersey law based on the easement holder's long-term conduct, even in the absence of a formal written release.

United States Real Estate

RD

Riker Danzig LLP

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

Because a tort plaintiff in Illinois is entitled to only one satisfaction for an injury, the state's Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., provides that a settlement...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

The Evolving Landscape Of Insurance Coverage For False Claims Act (FCA) Probes: Understanding The Impact Of A Delaware Court Ruling

Companies operating in heavily regulated industries are becoming increasingly familiar with Department of Justice (DOJ) Civil Investigative Demands (CID).

United States Insurance

FL

Foley & Lardner

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

We've previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country's immunity from suit under the U.S.

United States Litigation

SS

Seyfarth Shaw LLP

Supreme Court Of Kentucky Rules On When Malicious Prosecution Offense Takes Place

United States Insurance

JC

Jackson & Campbell

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

Door Not "Shut" On VPPA Claims In Second Circuit When Data Is Legible

United States Privacy

FK

Frankfurt Kurnit Klein & Selz

Sustainable Energy & Infrastructure Litigation Updates — February 2026

United States Energy

M

Mintz

What's In A Name? A $500,000.00 Secured Claim, According To The United States Bankruptcy Court For The Eastern District Of Texas

United States Insolvency

Aa

Adams and Reese

U.S. Supreme Court Poised To Address ERISA Pleading Standards For Underperformance Claims

United States Employment

BB

Baker Botts LLP

Delaware High Court Rejects Application Of D&O Policy's "Bump-Up" Exclusion To Securities Claim Settlement

United States Commercial

JD

Jones Day

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

United States Litigation

HK

Holland & Knight

District Of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision

United States Litigation

GT

Greenberg Traurig, LLP

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

United States Commercial

SJ

Steptoe LLP

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

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

December 2025 Crypto Update: New Changes And Challenges In U.S. Regulation Of Digital Assets

United States Technology

B

Benesch Friedlander Coplan & Aronoff LLP

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

The Landscape Of Contract Litigation In Washington

For small and mid-sized businesses, contracts shape nearly every relationship that matters. They govern how companies buy, sell, hire, lease, partner, and grow.

United States Commercial

BB

Beresford Booth

"No Actual Harm Required" – California Court Of Appeal Kicks Open The Door For Standing Under The ICRAA

On January 21, 2026, in Yeh v. Barrington Pacific, LLC, Case No. B337904, 2026 Cal. App. LEXIS 30 (Cal. App. Jan. 21, 2026), the California Court of Appeal for the Second Appellate District held that plaintiffs have standing to sue under the ICRAA …

United States Litigation

DM

Duane Morris LLP

Decision Alert: North American Fire Ultimate Holdings LP v. Doorly

On February 3, 2026, the Delaware Supreme Court issued its decision in North American Fire Ultimate Holdings LP v. Doorly,1 holding that equity units subject to forfeiture are valid consideration for a restrictive covenant.

United States Employment

MB

Mayer Brown

Bifurcation Of Inverse Condemnation Liability Can Be Dispositive Of Remaining Tort Claims

When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings.

United States Litigation

N

Nossaman LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Twinspires Suit In Michigan Could Impact Many States

United States Litigation

JW

Jones Walker

Delaware Supreme Court Reins In Moelis – On Procedure, Not Policy

United States Commercial

CW

Cadwalader, Wickersham & Taft LLP

Class Action Decisions Published December 2025

United States Litigation

SH

Shook, Hardy & Bacon

A FRIGID TALE: A Bankruptcy Court's Recent Rejection Of Defendant's Ordinary Course Of Business And Contemporaneous Exchange For New Value Preference Defenses

United States Insolvency

LS

Lowenstein Sandler

Supreme Court To Resolve Circuit Split Regarding The SEC's Authority To Seek Disgorgement

United States Commercial

BB

Baker Botts LLP

Product Liability Litigation And The 2025 Judicial Panel On Multidistrict Litigation: A Year In Review

United States Litigation

D

Dechert

Delaware Court Finds A Meaningful Link Where Notice Of Circumstances And Later Claim Allege Same Underlying Conduct

United States Insurance

WR

Wiley Rein

Nixing Nixon?: NYC Bar Spurs Efforts To Reform Criminal Rule 17

United States Criminal

SJ

Steptoe LLP

Birthright Citizenship Before The Supreme Court: How A 2026 Decision Could Change Immigration Law

United States Immigration

SG

Siri & Glimstad LLP

Product Liability Litigation And The 2025 Judicial Panel On Multidistrict Litigation: A Year In Review

In 2025, the JPML continued to grant a majority of the MDL petitions that it considered, including petitions involving product liability claims.

United States Litigation

D

Dechert

Delaware Court Finds A Meaningful Link Where Notice Of Circumstances And Later Claim Allege Same Underlying Conduct

The Superior Court of Delaware, applying Delaware law, has held that there was a meaningful link between a notice of circumstances and a later claim where the circumstances described in the notice "allege[d] the same underlying conduct" as the later claim.

United States Insurance

WR

Wiley Rein

Nixing Nixon?: NYC Bar Spurs Efforts To Reform Criminal Rule 17

For decades, criminal defense attorneys have struggled with a procedural catch‑22 under Federal Rule of Criminal Procedure 17: while the rule allows subpoenas to obtain documents and other evidence, courts often require proof ...

United States Criminal

SJ

Steptoe LLP

Birthright Citizenship Before The Supreme Court: How A 2026 Decision Could Change Immigration Law

The U.S. Supreme Court is poised to reconsider birthright citizenship for the first time in over a century. In 2026, the Court will hear a case that challenges the long-standing rule...

United States Immigration

SG

Siri & Glimstad LLP

US Supreme Court To Define Who Can Sue Under The Video Privacy Protection Act

United States Privacy

W

WilmerHale

Supreme Court Confirms That State Affidavit-of-Merit Laws Don't Apply In Federal Court

About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers.

United States Litigation

Wa

Ward and Smith, P.A.

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

Global Trade Secret Update: Key Developments In 2025

This publication summarizes noteworthy 2025 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments...

United States IP

JD

Jones Day

Episode 10: Naming Firms Under Investigation In "Exceptional Circumstances" Put To The Test In Judicial Review (Podcast)

The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm...

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

U.S. Supreme Court Holds MVRA Restitution Constitutes Criminal Punishment Under The Ex Post Facto Clause

United States Litigation

D

Dechert

Possession With Intent To Foreclose

United States Real Estate

CW

Cadwalader, Wickersham & Taft LLP

Court Of Appeals Reaffirms SEQRA Standing For Affected Property Owners

United States Environment

FF

Farrell Fritz, P.C.

No Room For Assumptions: Oregon Supreme Court Reinforces Strict Standard For Tort Waivers

United States Litigation

CO

Cozen O'Connor

DOJ Enforcement Branch Signals Strategic Shift In Civil Consumer And Policy Litigation

United States Consumer

MS

Miller Shah

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

United States Litigation

GB

Genova Burns

Insurance & Professional Risks: England & Wales - Annual Review 2025

European Union Insurance

KL

Herbert Smith Freehills Kramer LLP

High Court Strikes Out Illegality Defence Premised On Alleged Breaches Of US Sanctions

United States Government

KL

Herbert Smith Freehills Kramer LLP

First Court Of Appeals Decision Broadly Applies Express Negligence Doctrine

United States Litigation

BB

Baker Botts LLP

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

United States Litigation

BL

Butzel Long

AI In The Courtroom: How Proposed Rule 707 Could Shape Evidence Standards

United States Technology

SJ

Steptoe LLP

Supreme Court To Take On Definition Of "Consumer" Under VPPA

United States Privacy

BB

Baker Botts LLP

January 2026 Forfeiture Litigation Update

United States Employment

WS

Winston & Strawn LLP

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

GT

Greenberg Traurig, LLP

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

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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

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

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

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JAMS

Early Mediation: Is Your Case A Likely Candidate?

United States Litigation

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JAMS

Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Latest Videos

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Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

BT

Barnes & Thornburg LLP

LaborSpeak: NYC Council Expands Sick Leave: What Employers Need To Know (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

The Class Action Weekly Wire – Episode 126: California Federal Court Slashes $28 Million Attorneys' Fee In $150 Million Securities Fraud Class Action Settlement (Video)

DM

Duane Morris LLP

Litigating With Laser Focus (Video)

AP

Arnold & Porter

Antitrust And Competition Law: Competition Law In The Americas Episode 2 | Litigation Hot Spots: Key Trends In The USA And Mexico (Podcast)

GT

Greenberg Traurig, LLP

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