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
J
JAMS
Article
Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable
A California Court of Appeal examined whether an arbitration agreement signed during employee onboarding was enforceable when paired with a confidentiality agreement that created a one-sided dispute resolution structure. The court analyzed both procedural and substantive unconscionability, focusing on how the combined documents favored the employer's ability to litigate certain claims while forcing the employee into arbitration for wage-and-hour disputes.
United States Litigation
PR
Proskauer Rose LLP
Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
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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
Global Litigation
S
Steptoe LLP
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Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
Article
No Surprises Act: Developments In Litigation And Federal Reporting, Upcoming Operational Changes
The federal No Surprises Act continues to evolve through significant litigation outcomes, new regulatory guidance, and operational changes affecting healthcare providers, insurers, and arbitration entities. Recent developments include a Fifth Circuit ruling on qualifying payment amount calculations, congressional scrutiny of independent dispute resolution entities, and upcoming transitions to a centralized IDR Gateway platform that will fundamentally change how payment disputes are managed and resolved.
United States Litigation
SR
McDermott Will & Schulte
Article
Northern District Of California Dismisses Putative Securities Class Action Against Value Grocery Retailer Without Prejudice
A federal district court dismissed a securities class action against a value grocery retailer and its executives, finding that plaintiffs failed to adequately allege false statements, scienter, or loss causation related to the company's troubled enterprise resource planning system transition. The court distinguished this case from similar software rollout litigation by emphasizing that defendants disclosed issues throughout the transition rather than concealing known problems.
United States Litigation
AO
A&O Shearman
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Article
Feds Release New Code List to Quell No Surprises Act Disputes
To reduce No Surprises Act (NSA) claim disputes, a coalition of federal agencies has issued a new list of nine remittance advice remark codes (RARCs) for payers to use to explain payments that differ from the amount billed. Federal regulators hope the new RARCs, which supplement existing claim adjustment reason codes (CARCs), will help insurers and health plans communicate better with providers.
United States Healthcare
HB
Hall Benefits Law
Article
Significant ERISA Rulings from July 2026
In Pover v. The Capital Group Cos. Inc. et al., Case Number 24-5298, a split panel of the Ninth Circuit affirmed a California trial court’s denial of a motion to compel arbitration in a 401(k) self-dealing class action lawsuit against Capital Group. The court held that the provision in Capital Group’s retirement plan documents requiring dispute resolution outside the courtroom was unenforceable because it would nullify rights under ERISA.
United States Employment
HB
Hall Benefits Law
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Article
Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update For Employers
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
United States Employment
PR
Proskauer Rose LLP
Article
Lawsuit Against JPMorgan Executive Raises Question Of Defamation Of Defendants
Over the last few weeks, a lawsuit brought by a former JPMorgan Chase banker alleging sexual harassment and assault against the bank and a senior executive within its leveraged finance division has made headlines. The salacious complaint alleges that the executive subjected the plaintiff to sexual harassment, sexual assault, and retaliation during his employment. It also alleges that the bank defamed the plaintiff when it made derogatory claims about him to others in the financial services industry post-employment.
United States Litigation
RP
Reavis Page Jump LLP
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