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Litigation Law, Mediation Law and Arbitration Law

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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.

California Court Affirms Waiver Of Arbitration Rights In Wage And Hour Class Action Case

On December 9, 2025, the California Court of Appeal, Third Appellate District, issued a published decision in Sierra Pacific Industries Wage and Hour Cases, affirming the trial court's denial of Sierra Pacific Industries...

United States Litigation

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Federal Court Holds That Minors Can Be Bound To Arbitration In A Class Action Context

On December 9, 2025, Judge Yvonne Rogers of the U.S. District Court for the Northern District of California held in Williams, et al. v. Moon Active Ltd., Case No. 4:25-CV-01626...

United States Litigation

DM

Duane Morris LLP

First-Ever Procedural Rule Issued For MDLs

On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking...

United States Litigation

BD

Beveridge & Diamond

The Supreme Court Considers Presidential Authority

A series of Supreme Court cases could reset the balance between presidential authority and agency independence — with consequences for every regulated sector.

United States Litigation

GP

Goodwin Procter LLP

Mass Arbitration: The Risk Lurking In Consumer Agreements

United States Litigation

GP

Goodwin Procter LLP

The Jury Charge: Your Case's Hidden Power Play

United States Litigation

SJ

Steptoe LLP

Ninth Circuit Opens New Path Back To State Court For Class Actions Removed To Federal Court

United States Litigation

GT

Greenberg Traurig, LLP

5 Litigation Mistakes That Cost Washington Businesses Millions

United States Litigation

BB

Beresford Booth

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

United States Litigation

WL

Withers LLP

Why Jurisdiction Shapes What Testifying Experts Can Say Before And During Trial

United States Litigation

WL

WIT Legal

Reflections On The 2025-2026 Judicial Hellholes Report From The American Tort Reform Association – Ranking The Worst Jurisdictions For Defendants

United States Litigation

DM

Duane Morris LLP

Let The Pen Be Your Sword: Crafting Powerful ADR Contractual Provisions

United States Litigation

ABA Business Law Section

Litigation Global Practice Guide 2026

United States Litigation

W

WilmerHale

Podcast - Dangers Of Climbing The Ladder

United States Litigation

HK

Holland & Knight

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Webinars

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27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Recorded on 24 Jun 2025 | 3:00 PM

(2nd Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

Recorded on 24 Jun 2025 | 9:00 AM

(1st Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

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How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

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JAMS

Health Care Mediation Strategies: How To Resolve Complex Provider, Reimbursement, And Compliance Disputes (Podcast)

United States Litigation

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JAMS

How The JAMS AI Rules Can Streamline Discovery For AI-Related Disputes

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JAMS

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

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JAMS

Early Mediation: Is Your Case A Likely Candidate?

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JAMS

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

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JAMS

AI Innovation Is Accelerating, But Oversight Is Fragmented: Why ADR Must Fill The Governance Gap

United States Litigation

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JAMS

From Conflict To Clarity: Why The ADR Experience Matters In Successful Resolution

United States Litigation

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JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

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JAMS

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

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JAMS

Libel & Defamation

Corporate Arbitration Agreements At Risk Of Being Ruled Unenforceable If They Provide Companies Too Much Flexibility

Last week, in Pizza Hazel v. American Express Co., No. 1:24-cv-12505-AK (D. Mass Sept. 19, 2025), a federal district court ruled American Express's arbitration agreement unenforceable because it was illusory.

United States Litigation

DL

Dhillon Law Group

Coleman v. Grand: Navigating The Fact-Opinion Divide In Sexual Misconduct Defamation Claims

When accusations of sexual harassment or assault are made public, the alleged perpetrators will not infrequently respond by filing defamation claims against their accusers.

United States Employment

RP

Reavis Page Jump LLP

Federal Appeals Court Dismisses Trump's Defamation Suit Against CNN

Last week, a federal appeals court affirmed a district court's dismissal of President Trump's defamation suit against CNN.

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

Jack Nicklaus Wins $50 Million In Defamation Case Against Namesake Company

United States Commercial

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Reavis Page Jump LLP

Delaware Has Become Defamation Plaintiffs' Favorite Venue. Will The State's Newly Enacted Anti-SLAPP Statute Chill That Trend?

United States Litigation

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Ballard Spahr LLP

Jack Nicklaus's $50M Redemption And The Limits Of The Litigation Privilege

United States Litigation

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Benesch Friedlander Coplan & Aronoff LLP

Diss Tracks And Defamation Part III: Court Tosses Drake's Case

United States IP

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Frankfurt Kurnit Klein & Selz

Client Alert: An Erie October Surprise: Ninth Circuit Rules Anti-SLAPP Denials Not Immediately Appealable

United States Media & IT

JB

Jenner & Block

Court Clarifies Boundaries Of Defamation Liability For Legal Professionals

United States Litigation

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Steptoe LLP

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Trials & Appeals & Compensation

Oregon Court Of Appeals Reinforces Legal Standard For Wrongful Discharge Claims

The Court of Appeals of the State of Oregon recently held in Trumper v. Women's Healthcare Associates, LLC that an at-will employee could not bring a wrongful discharge...

United States Employment

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Ogletree, Deakins, Nash, Smoak & Stewart

Eleventh Circuit Hears Argument On False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025).

United States Government

CM

Crowell & Moring LLP

What Supreme Court Oral Arguments Could Mean For FERC Independence

The U.S. Supreme Court on Dec. 8, 2025, heard oral arguments in Trump v. Slaughter, a case that could significantly narrow longstanding protections...

United States Energy

HK

Holland & Knight

The Supreme Court Considers Presidential Authority

United States Litigation

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Goodwin Procter LLP

The Jury Charge: Your Case's Hidden Power Play

United States Litigation

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Steptoe LLP

5 Litigation Mistakes That Cost Washington Businesses Millions

United States Litigation

BB

Beresford Booth

Practical Thoughts About Tariff Refunds For The Importing Community

Worldwide International

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Cozen O'Connor

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

United States Litigation

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Withers LLP

Why Jurisdiction Shapes What Testifying Experts Can Say Before And During Trial

United States Litigation

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WIT Legal

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Court Procedure

First-Ever Procedural Rule Issued For MDLs

On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking...

United States Litigation

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Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

On December 1, 2025, new Federal Rule of Civil Procedure 16.1 took effect, addressing a gap in the Federal Rules concerning how multidistrict litigation (MDL) should commence following consolidation.

United States Litigation

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Herbert Smith Freehills Kramer LLP

New Federal Rule Will Help Discourage Meritless Claims In Multidistrict Litigation

On December 1, 2025, Federal Rule of Civil Procedure 16.1 took effect, providing judges a roadmap for initial case management of multidistrict litigation ("MDLs") and paving the way for early challenges to meritless claims.

United States Litigation

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Jones Day

Orange County Team Secures Summary Judgment And Recovery Of Costs For Kia America In Hotly Contested Lemon Law Dispute

United States Litigation

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Lewis Brisbois Bisgaard & Smith LLP

FRCP 16.1 Now In Play For MDLs—Game Changer Or Not?

United States Litigation

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Crowell & Moring LLP

Florida Statute § 768.79 Update: Fee-Shifting Penalty Does Not Apply In Attorney Charging Lien Disputes

United States Litigation

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Losey

Illinois Legislature Increases Key Debtor Exemptions Starting On January 1, 2026

United States Litigation

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Lavelle Law

Federal Circuit Denies Challenges To USPTO Director's Discretionary Denial Decisions

United States IP

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Polsinelli LLP

What Is The Impact Of The Government Shutdown On Divorce Proceedings?

United States Family

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Tully Rinckey

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Class Actions

California Court Affirms Waiver Of Arbitration Rights In Wage And Hour Class Action Case

On December 9, 2025, the California Court of Appeal, Third Appellate District, issued a published decision in Sierra Pacific Industries Wage and Hour Cases, affirming the trial court's denial of Sierra Pacific Industries...

United States Litigation

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Federal Court Holds That Minors Can Be Bound To Arbitration In A Class Action Context

On December 9, 2025, Judge Yvonne Rogers of the U.S. District Court for the Northern District of California held in Williams, et al. v. Moon Active Ltd., Case No. 4:25-CV-01626...

United States Litigation

DM

Duane Morris LLP

Ninth Circuit Opens New Path Back To State Court For Class Actions Removed To Federal Court

By design, the Class Action Fairness Act (CAFA) allows defendants to remove complex class actions to federal court. It avoids the onerous diversity requirements that defendants previously struggled to satisfy...

United States Litigation

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Greenberg Traurig, LLP

Vacation Pay On Incentive Compensation: A Hidden Liability In Canadian M&A

United States Employment

ABA Business Law Section

Reflections On The 2025-2026 Judicial Hellholes Report From The American Tort Reform Association – Ranking The Worst Jurisdictions For Defendants

United States Litigation

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Duane Morris LLP

Monroney Label Mistakes To Watch For During Year End Car Sales (Video)

United States Consumer

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Miller Shah

The Missing Sentence That Can Sink Your Online Terms Of Service

United States Litigation

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Frankfurt Kurnit Klein & Selz

The Class Action Weekly Wire – Episode 129: North Carolina Federal Court Upholds Class And Collective Certification Rulings In Misclassification Suit (Video)

United States Litigation

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Duane Morris LLP

Using The Funnel—Folgers' Decision Key To Avoiding Certified False-Advertising Classes

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Benesch Friedlander Coplan & Aronoff LLP

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The Class Action Weekly Wire – Episode 129: North Carolina Federal Court Upholds Class And Collective Certification Rulings In Misclassification Suit (Video)

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Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

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K&L Gates LLP

Litigating With Laser Focus (Video)

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Arnold & Porter

Avoiding Defective Clauses In International Arbitration (Podcast)

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Dentons Link Legal

Pro Bono Week Podcast – Advocacy Across Borders: A Hague Convention Success Story

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Upcoming Events

Changing Policies And Attitudes: Impacts On Medical Product Litigation

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Holland & Knight

Nevada’s 2025 Appellate Decisions: What Do Civil Defendants Need To Know?

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Wilson Elser Moskowitz Edelman & Dicker LLP

False Claims Act Mock Trial Institute 2026

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Sheppard Mullin Richter & Hampton

Developments In Data Breach Class Action Into 2026

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An Extraordinary Writ Primer

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But I Filed A Notice Of Appeal?! Tips, Tricks, And Traps In Post-Judgment Proceedings

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Carolyn Schenck Addresses Navigating Administrative Matters With A Reduced IRS Workforce At ABA Criminal Tax Fraud And Tax Controversy Conference

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Caplin & Drysdale

Celebrity Deposition Deathmatch!

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