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.
Article
The ICC’s 2026 Arbitration Rules: An Early Preview Of The Changes (Part 2)
The International Court of Arbitration of the International Chamber of Commerce (ICC) has announced its revised 2026 ICC Arbitration Rules (the Rules), which entered into force on June 1, 2026. Per the ICC, the amendments are aimed at enhancing transparency and efficiency in ICC proceedings, strengthening confidence in the arbitral process, and codifying several practices that have already developed under existing ICC case administration.
United States Litigation
AP
Arnold & Porter
Video
Consumer Counterpoint: Episode 18 – Reconsidering Arbitration: A Changing Trend (Video)
Kristine Argentine and Paul Yovanic examine the evolving landscape of arbitration, exploring recent developments in litigation strategy, shifting judicial perspectives, and the growing use of coordinated mass filings. They offer practical insights into when arbitration provisions still make sense and when companies may want to rethink their approach in light of current risks and trends.
United States Litigation
SS
Seyfarth Shaw LLP
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Article
New Jersey Supreme Court Strengthens Expert Gatekeeping In Product Liability Cases: What Beavan v. Allergan Means For Defendants
In product liability litigation, the straightest path to a favorable outcome for the defense is disqualification of the plaintiff’s expert. In a unanimous decision, New Jersey’s Supreme Court in Beavan v. Allergan U.S.A., Inc., A-53-24 (N.J. May 27, 2026), has substantially bolstered the defense position in that critical fight.
United States Consumer
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
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Article
First Department In Forrest Equities Draws A Sharp Line On Title Policy Coverage For Enforcement Actions And Marketability Claims
The First Department's decision in Forrest Equities LLC v. Old Republic National Title Ins. Co. clarifies critical boundaries of title insurance coverage, specifically addressing when Covered Risks 3, 5, and 6 apply to post-closing enforcement actions and marketability disputes. The court examined whether a title policy covers litigation seeking to restore a distressed property to habitability and distinguished between legal marketability of title versus economic marketability of property.
United States Real Estate
RD
Riker Danzig LLP
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Article
“The Superintendent Told Us To Do It:” Why Verbal Approval May Not Be Enough
Construction projects often involve verbal directives that deviate from plans and specifications, creating significant liability risks for subcontractors when defects emerge years later. Without written documentation of field instructions and approvals, subcontractors may find themselves defending claims for work they performed exactly as directed, facing disputes where memory and credibility become the only evidence.
United States Real Estate
Higgins, Hopkins, McLain & Roswell, LLC
Article
When Headlines Become Lawsuits: Defending A Prestigious Maryland School In A High-Stakes Whistleblower Trial
A Maryland private school faced a high-profile whistleblower retaliation lawsuit after terminating its Chief Financial Officer, who claimed he was fired for reporting discrimination concerns. The case, which drew front-page media attention, threatened the institution's reputation and required a defense strategy that would uncover the truth behind conflicting narratives about performance issues versus retaliation claims.
United States Employment
CM
Carr Maloney
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Article
Governor Hochul Enacts Major Tort Reform In New York
New York Governor Kathy Hochul has signed sweeping tort reform legislation that fundamentally changes how motor vehicle accident cases will be litigated in state courts. The reforms introduce comparative fault limitations, eliminate a key category of "serious injury" claims, and cap damages for plaintiffs engaged in illegal conduct at the time of accidents. These changes promise to significantly impact settlement negotiations, summary judgment motions, and trial outcomes for defendants in thousands of cases
United States Litigation
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
Under Berk, Is State Court Better? Removing A Case To Federal Court May Now Cost Defendants An Early Exit Strategy.
The Supreme Court's decision in Berk v. Choy fundamentally altered the calculus for removing medical malpractice and professional liability cases to federal court by eliminating state affidavit-of-merit requirements. This shift transforms what was once a routine procedural decision into a strategic business choice with significant cost and timing implications.
United States Litigation
BS
Butler Snow LLP
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