Litigation Law, Mediation Law and Arbitration Law

The past year saw several high-profile rulings reinforcing core defamation principles, including the Supreme Court’s refusal to revisit Alex Jones’s $1.4 billion verdict, new guidance on actual malice standards...

The litigation privilege doctrine serves as a powerful shield protecting participants in judicial proceedings from civil liability for their statements and testimony. Understanding when and how this privilege applies can mean the difference between a successful defense and prolonged litigation, as it operates as a complete bar to derivative lawsuits based on prior court proceedings.

The Supreme Court’s 2025 decisions signaled a more regulator-friendly view of the internet—upholding laws on age verification and foreign-owned platforms under intermediate scrutiny, even where speech is burdened.

What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split...

On June 10, 2026, the Commodity Futures Trading Commission (CFTC) released a significant Notice of Proposed Rulemaking (Proposed Rule) that would reshape the regulatory treatment of prediction markets under the Commodity Exchange Act (CEA).

A unanimous U.S. Supreme Court decision has eliminated a key legal defense for freight brokers, forwarders, and 3PLs, exposing them to direct liability for negligent carrier selection under state tort law.

In Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2024-1641 (Fed. Cir. May 13, 2026), the Federal Circuit held that a claimed chemical property or characteristic is construed as being determined...

On 3 June 2026, the General Court (the Court) delivered twin judgments in Vivendi SE v Commission (T-1097/23) and Lagardère SA v Commission (T-1119/23), dismissing challenges to binding information...

A newly published California decision, AVL Test Systems, Inc. v. Hensel Phelps Construction Co. (Cal. Ct. App. Apr. 28, 2026), is worth close attention for contractors, specialty trades, equipment suppliers...

Whether you're representing a plaintiff, defendant, business owner or insurer, thoughtful preparation can significantly increase the likelihood of a successful outcome. The following checklist highlights 12 practical ways to get the most out of your next mediation.

Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy.

In this episode of the JAMS podcast, JAMS neutrals Hon. William E. Smith (Ret.) and Paul Garrison, Esq. explore how labor and employment disputes develop, what causes workplace disagreements to escalate and how parties can use mediation, arbitration and early intervention strategies to resolve conflict more effectively.