United States: 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
Waive Goodbye To Arbitration: Seventh Circuit Holds That Pre-Certification Conduct Can Establish Waiver Of Arbitration Rights In A Putative Class Action
The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit
United States Litigation
DM
Duane Morris LLP
Article
TRACKED AND TRACED?: C.D. Cal. Lets CIPA Claims Against Wayfair Move Forward, But Tosses Pen Register Claim
A California federal court allows CIPA wiretapping claims against Wayfair to proceed based on allegations that third-party tracking tools intercepted user communications before reaching the company's servers. The decision examines whether website tracking technology constitutes illegal interception under California's decades-old privacy statute and whether trap-and-trace device prohibitions apply to modern analytics tools.
United States Litigation
Troutman Amin LLP
Article
Good People Doing Bad Things: When a Fraud Case Is About More Than the Fraudsters
When investors poured millions into an aircraft venture only to discover their brokers had diverted funds and concealed critical information, the path to recovery proved far more complex than simply proving fraud. This case reveals how commercial fraud often emerges not from elaborate schemes but from legitimate ventures under pressure, and why identifying all parties with potential liability—including seemingly innocent intermediaries—can mean the difference between a worthless judgment and act
United States Litigation
DW
Dickinson Wright PLLC
Video
Nick Reiner's $1.5M Trust Fund Fight Explained: Why He Might Not Get Money For Murder Trial Defense (Video)
Litigation Partner Julia Haye was featured on Entertainment Tonight, where she discussed California Probate Code Section 250, commonly known as the “Slayer Statute,” in connection with Nick Reiner's bid to access his $1.5 million trust fund, which trustees have moved to block under the statute as he faces charges of murdering his parents.
United States Litigation
GG
Greenberg Glusker LLP
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CA
Class Actions
LD
Litigation Dispute Resolution
IA
International Arbitration
EF
Enforcement of Foreign Judgments

Highlighted Content

Disclosure & Electronic Discovery & Privilege

Article
Check Your Parachute: SDNY Finds Waiver After Inadvertent Production Of Privileged Documents
A federal court ruling examines what happens when a party inadvertently produces over 5,400 privileged documents to government investigators and attempts to claw them back. The decision hinges on whether reasonable steps were taken to prevent disclosure in the first place, with the court finding that flawed document review processes and inadequate quality control led to privilege waiver despite the inadvertent nature of the production.
United States Litigation
SJ
Steptoe LLP
Video
KEEP YOUR PROMSIES!: Court Sets In-Person Evidentiary Hearing To Examine TCPA Defendant’s CRM Records After Defense Counsel “Failed To Follow Through” (Video)
A federal judge in Florida has ordered TCPA defendant Czar Marketing Group to appear in court with their CRM system for live examination after defense counsel failed to produce promised discovery records. The court's unprecedented decision to conduct an in-person evidentiary hearing stems from suspicious similarities between production documents and concerns about altered records, raising questions about discovery compliance and potential spoliation.
United States Litigation
Troutman Amin LLP
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Arbitration & Dispute Resolution

Article
Waive Goodbye To Arbitration: Seventh Circuit Holds That Pre-Certification Conduct Can Establish Waiver Of Arbitration Rights In A Putative Class Action
The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit
United States Litigation
DM
Duane Morris LLP
Article
IPR And PGR Statistics For Final Written Decisions Issued In June And July 2026
The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
D.C. Circuit Upholds EPA’s Designation Of PFOA And PFOS As CERCLA “hazardous Substances”
The U.S. Court of Appeals for the D.C. Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges on statutory interpretation, notice requirements, and cost-benefit analysis grounds. This landmark decision opens the door to widespread CERCLA liability for PFAS contamination and potentially paves the way for additional PFAS compound designations, fundamentally reshaping environmental cleanup obligations across industries.
United States Environment
HL
Hogan Lovells Cadwalader
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Court Procedure

Article
Waive Goodbye To Arbitration: Seventh Circuit Holds That Pre-Certification Conduct Can Establish Waiver Of Arbitration Rights In A Putative Class Action
The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit
United States Litigation
DM
Duane Morris LLP
Article
IPR And PGR Statistics For Final Written Decisions Issued In June And July 2026
The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Sovereign Immunity: Public Sector Government

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
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Latest Videos

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