North America: Litigation, Mediation & Arbitration

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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
DOJ False Claims Act Enforcement Reforms On Sub-Regulatory Guidance And Qui Tam Dismissals Highlight New Defense Considerations
On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.
United States Litigation
GT
Greenberg Traurig, LLP
Article
Lessons From Kai Spears v. The New York Times Co.: A Historic Defamation Verdict
A federal jury's $9.25 million verdict against The New York Times for falsely placing a college basketball player at a murder scene reveals how inadequate verification of anonymous sources, ignored editorial safeguards, and dismissal of credible denials can establish actual malice. The historic decision—the first defamation verdict against the Times in over 50 years—demonstrates that involvement in a newsworthy event does not automatically make someone a public figure, and that a publisher's pos
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
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Podcast
What Are Class Action Waivers Worth? A New Study Looks To The Stock Market For Answers (Podcast)
A podcast episode featuring Professor James Fallows Tierney discussing his groundbreaking research on class action waivers in consumer arbitration agreements. Using financial market data, the study examines how investors responded to key legal developments affecting the enforceability of these agreements, offering a unique economic perspective on a longstanding consumer finance debate.
United States Consumer
BS
Ballard Spahr LLP
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Article
DOJ False Claims Act Enforcement Reforms On Sub-Regulatory Guidance And Qui Tam Dismissals Highlight New Defense Considerations
On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.
United States Litigation
GT
Greenberg Traurig, LLP
Article
Lessons From Kai Spears v. The New York Times Co.: A Historic Defamation Verdict
A federal jury's $9.25 million verdict against The New York Times for falsely placing a college basketball player at a murder scene reveals how inadequate verification of anonymous sources, ignored editorial safeguards, and dismissal of credible denials can establish actual malice. The historic decision—the first defamation verdict against the Times in over 50 years—demonstrates that involvement in a newsworthy event does not automatically make someone a public figure, and that a publisher's pos
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
See more
Article
Lessons From Kai Spears v. The New York Times Co.: A Historic Defamation Verdict
A federal jury's $9.25 million verdict against The New York Times for falsely placing a college basketball player at a murder scene reveals how inadequate verification of anonymous sources, ignored editorial safeguards, and dismissal of credible denials can establish actual malice. The historic decision—the first defamation verdict against the Times in over 50 years—demonstrates that involvement in a newsworthy event does not automatically make someone a public figure, and that a publisher's pos
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Can An Algorithm Commit A Tort? The Circuit Split Over Section 230
A growing circuit split is reshaping Section 230 immunity as federal courts diverge on whether algorithmic content recommendations constitute protected publisher conduct or a platform's own actionable expression. While the Fourth and Ninth Circuits maintain broad immunity for social media platforms, the Third Circuit's groundbreaking Anderson v. TikTok decision holds that algorithm-driven content curation may fall outside Section 230's protections, creating new liability exposure for platforms and opportuni
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
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