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.
Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
United States Litigation
FF
Farrell Fritz, P.C.
Article
Deadline Evolution: Director Extends Deadline For Requesting Director Review Of Institution Grants To 30 Days
The Director of the USPTO has invoked authority to extend the deadline for requesting Director Review of institution decisions from 14 to 30 days, addressing concerns about changed circumstances that arise after initial deadlines pass. This precedential decision also clarifies when exceptional circumstances may warrant further extensions and establishes new standards for terminating IPR proceedings based on parallel litigation outcomes.
United States Litigation
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
California Court Of Appeal Affirms Trial Court Judgment Defeating Malicious Prosecution Action Where Sister-in-Law Served As Class Representative In Underlying Lawsuit
A California appellate court examines whether familial relationships between class representatives and their attorneys automatically invalidate consumer class actions, addressing the boundaries of probable cause in malicious prosecution claims. The decision explores how courts balance adequacy requirements for class representatives against the viability of underlying consumer protection claims when conflicts of interest are alleged.
United States Litigation
DM
Duane Morris 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
Immunities And Defenses For Government Contractors, Part 1: Tort Claims
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.
United States Government
WR
Wiley Rein
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Article
California Court Of Appeal Affirms Trial Court Judgment Defeating Malicious Prosecution Action Where Sister-in-Law Served As Class Representative In Underlying Lawsuit
A California appellate court examines whether familial relationships between class representatives and their attorneys automatically invalidate consumer class actions, addressing the boundaries of probable cause in malicious prosecution claims. The decision explores how courts balance adequacy requirements for class representatives against the viability of underlying consumer protection claims when conflicts of interest are alleged.
United States Litigation
DM
Duane Morris LLP
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