Litigation Law, Mediation Law and Arbitration Law

On May 27, 2026, Governor Kathy Hochul signed New York's 2026 state budget into law. The $268.1 billion budget includes significant tort reform provisions for New York State motor vehicle litigation.

The New Jersey Supreme Court, applying New Jersey law, has held that a capacity exclusion in a D&O policy barred coverage for claims asserted in two underlying actions alleging that a director of a pharmaceutical...

A recent U.S. Supreme Court decision may fundamentally alter how certificate of merit statutes apply in federal courts, potentially eliminating long-standing procedural requirements that design professionals have relied upon to deter frivolous claims.

Michael Lowry (Partner-Las Vegas) authored “Are Nevada Procedural Statutes Still Effective in Federal Courts?” appearing in the June 1, 2026, edition of Nevada Lawyer magazine.

A Massachusetts federal court granted summary judgment to Alexion Pharmaceuticals, dismissing Amyndas Pharmaceuticals' Chapter 93A unfair competition claim based on alleged misuse of confidential information during partnership negotiations. The decision rigorously enforces causation requirements and clarifies the boundaries between trade secret protection and legitimate competitive activity in pharmaceutical business development.

In our recent column, The Aggrievement Requirement (NYLJ, Mar.31, 2026), we discussed the general rule that only parties—and only “aggrieved” parties—may appeal from a judgment or order.

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.

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.

Michael Lowry (Partner-Las Vegas) authored “Are Nevada Procedural Statutes Still Effective in Federal Courts?” appearing in the June 1, 2026, edition of Nevada Lawyer magazine.

A federal judge has ruled on a discovery dispute involving patent infringement allegations, requiring an Italian company to make its accused product available for physical inspection.

The Second Circuit has ruled that the National Bank Act preempts New York's interest-on-escrow law, creating a circuit split with the First and Ninth Circuits.