Litigation Law, Mediation Law and Arbitration Law

A federal court in Florida dismissed a false advertising lawsuit against Hershey over Reese's Peanut Butter Pumpkins packaging that showed carved jack-o-lantern faces, while the actual products lacked these decorative features. The court ruled that consumers failed to demonstrate concrete economic injury, finding their claims amounted only to subjective disappointment rather than actionable harm.

The U.S. Court of Appeals for the Second Circuit has entered the contentious debate over how rigorously district courts should scrutinize expert testimony under Rule 702 and Daubert standards. In a precedential opinion addressing expert admissibility in acetaminophen litigation, the appellate court sought to define the boundaries between a judge's gatekeeping role and improperly deciding scientific disputes that belong before a jury.

A California federal court has granted another stay in a CIPA § 638.51 case, halting proceedings until the California Court of Appeal determines whether the statute applies to internet communications or is limited to telephonic technology. The decision in Dominique Nelson v. Reddit Inc. follows a pattern of similar stays as courts await clarity on this pivotal jurisdictional question.

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.

On September 18, 2026, the Department of Justice (DOJ or Department) announced updates to the Justice Manual (JM) affecting nationwide False Claims Act (FCA) enforcement.

On September 18, 2026, the Department of Justice (DOJ) announced revisions to the Justice Manual formalizing two significant changes to False Claims Act (FCA) enforcement policy. First, DOJ reestablished and enhanced a prior policy providing that alleged noncompliance with nonbinding agency guidance documents cannot establish civil FCA liability. Second, when making a declination decision, DOJ attorneys "will in each case" assess whether to seek dismissal.

A California federal court recently dismissed a putative class action against Timex, holding that a plaintiff who rejected cookie tracking lacked Article III standing to sue even though the website allegedly...

A federal district court in North Carolina has ruled that SMS text messages are not subject to the TCPA's Do Not Call protections, marking a significant shift in telecommunications law.

Texas lawyers using lead generators face massive penalties under new barratry litigation, with violations triggering up to $50,000 in civil penalties per person.

Defamation risk has escalated dramatically in the digital age, where false statements persist indefinitely online and are now being absorbed into AI systems that can reproduce them at unprecedented scale. This analysis examines five critical strategies businesses must implement to protect their reputations proactively, from identifying vulnerabilities before publication to taking control of their own narrative when false information emerges.

States across the country are expanding anti-SLAPP protections, with nine states enacting or strengthening laws since 2025. Most have adopted the Uniform Public Expression Protection Act (UPEPA), giving defendants new tools to seek early dismissal of lawsuits.

A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega