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
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
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Article
You Can’t Un-Ring the Bell (or the Assignment): Bankruptcy Court Dismisses Chapter 11 Cases in Favor of a Pending ABC Proceeding
A bankruptcy court dismissed Chapter 11 cases filed by two law firms ten months after they entered an assignment for the benefit of creditors, finding the bankruptcy filing was made in bad faith to frustrate ongoing recovery efforts. The decision establishes critical precedent on when debtors can pivot from state assignment proceedings to federal bankruptcy and the limits of contractual termination rights once an assignment is underway.
United States Insolvency
AP
Arnold & Porter
Article
Guardianships In New Jersey: When A Loved One Can No Longer Manage Personal Or Financial Affairs
When a family member loses the ability to make important decisions, informal assistance may not provide the legal authority needed to act on their behalf. New Jersey guardianship proceedings offer a court-supervised process for appointing someone to manage personal care or financial affairs for incapacitated adults, including elderly individuals with dementia and young adults with developmental disabilities who have reached age 18.
United States Family
SH
Scarinci Hollenbeck LLC
Article
A Potential Gamechanger For Appeals: Sixth Circuit Revives Medicare Payment Safe Harbor
A landmark Sixth Circuit ruling establishes that Medicare providers who reasonably interpret coverage requirements and submit claims in good faith may not be required to refund payments, even when services are later deemed noncovered. This decision fundamentally changes how Medicare coverage appeals should be approached and provides new protections for providers facing post-payment reviews.
United States Healthcare
SR
McDermott Will & Schulte
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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
NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under The AIA
The Federal Circuit's decision in NCS Multistage Inc. v. Nine Energy Service, Inc. establishes that a patentee's prior commercial sale does not automatically qualify as a public disclosure under the AIA safe harbor provision. The court clarified that the critical question is whether the inventor's actions made the subject matter of the invention available to the public, not merely whether a commercial transaction occurred.
United States IP
KG
K&L Gates LLP
Article
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
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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
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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