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.
Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
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JAMS
Article
(Updated) Inside Baseball: Business Dispute Limits Youth Baseball Events & Highlights The Importance Of Proper Business Planning
A King County Superior Court's injunctive relief ruling in a youth baseball business dispute has temporarily shut down Top Tier Sports' operations in Washington State through July 2027. The court found the defendants liable for breach of contract, misappropriation of trade secrets, and other claims after former employees of Elysian One launched a competing league. This case demonstrates the far-reaching consequences of violating non-compete and non-solicitation agreements, with implications extending beyond
United States Litigation
BB
Beresford Booth
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Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
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Article
Could Changing One Rule Of Evidence Change The Outcome Of Child Sex Abuse Cases In New York?
New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?
United States Criminal
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Sanford Heisler Sharp McKnight
Article
(Updated) Inside Baseball: Business Dispute Limits Youth Baseball Events & Highlights The Importance Of Proper Business Planning
A King County Superior Court's injunctive relief ruling in a youth baseball business dispute has temporarily shut down Top Tier Sports' operations in Washington State through July 2027. The court found the defendants liable for breach of contract, misappropriation of trade secrets, and other claims after former employees of Elysian One launched a competing league. This case demonstrates the far-reaching consequences of violating non-compete and non-solicitation agreements, with implications extending beyond
United States Litigation
BB
Beresford Booth
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Curated
Foreign Sovereign Immunity In International Construction
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.
United States Litigation
J
JAMS
Article
Due Process Post-Fuld And Statute Of Limitations For ICSID Cases
Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve
Worldwide Litigation
S
Steptoe LLP
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Article
After $9.4 Million Willfulness Verdict, District Court Grants Permanent Injunction And Attorneys’ Fees Based On Defendant’s Litigation Conduct
A Texas federal district court awarded a patent owner a permanent injunction, over $4.5 million in pre-judgment interest, and attorneys' fees following a $9.4 million willful infringement verdict. The court based the fee award on the defendant's litigation conduct, including repeated reliance on stricken prior art and disregard for court orders.
United States IP
JM
Jeffer Mangels & Mitchell LLP
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