United States: Litigation, Mediation & Arbitration

On June 4, 2026, in Assini v Hayward, 2026 NY Slip Op 26086, a Nassau County Supreme Court (Fischer, J.) quashed non-party subpoenas seeking a litigant’s artificial intelligence prompts, uploads, and outputs...

A federal court ruling examines whether attorney-client privilege and work-product protections extend to materials created when a criminal defendant independently used a consumer AI platform to analyze confidential attorney discussions and generate defense strategy reports. The decision addresses critical questions about privilege waiver when clients share attorney communications with third-party AI tools that lack robust confidentiality safeguards.

The New Jersey Supreme Court has ruled that government-related emails stored in public officials' personal email accounts are subject to disclosure under the Open Public Records Act (OPRA). This landmark decision in Rosetti v. Ramapo-Indian Hills Regional High School Board of Education establishes that public business cannot be shielded by using private email accounts, creating significant implications for both public entities and those seeking government records.

National nursing organizations have filed federal lawsuits challenging a U.S. Department of Education rule that excludes advanced practice nursing degrees from the "professional student" classification, limiting federal loan access to $20,500 annually instead of $50,000. The plaintiffs argue that advanced practice nurses meet the same educational, licensure, and professional standards as other healthcare professionals explicitly included in the rule, such as physicians, dentists, and pharmacists.

The revisions are particularly consequential for the US, which is the highest represented nationality among ICC arbitration users.

On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance...

Following the Supreme Court's invalidation of IEEPA tariffs in Learning Resources, Inc. v. Trump, over 100 consumer class actions have been filed nationwide against businesses accused of passing tariff costs to consumers while retaining government refunds. This article examines the litigation landscape, analyzes the principal legal theories being asserted by plaintiffs, and outlines the substantial threshold, procedural, and substantive defenses available to companies facing these claims.

The Federal Circuit reversed a trial court's exclusion of a damages expert in a patent infringement case, finding that the expert's use of "virtual machine hours" as a royalty base could establish a reliable causal connection to the alleged infringement. This reversal vacated Microsoft's summary judgment victory and remanded the case for further proceedings, potentially reshaping how damages experts approach royalty base calculations in software patent disputes.

The current bankruptcy venue statute permits corporate debtors to file cases in jurisdictions where their operational footprint may be minimal or recently established, leading to concentrated forum-shopping...

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.

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

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...