United States: Litigation, Mediation & Arbitration

A recent Delaware Court of Chancery opinion arising from the acquisition of a video game studio carries an important lesson far beyond M&A litigation: AI chatbot exchanges are now entering the discovery record...

Artificial intelligence tools can streamline board meeting documentation by transcribing discussions and generating minutes, but these conveniences create significant legal risks. When AI captures detailed records of confidential boardroom conversations, those materials may become discoverable in litigation, potentially exposing candid exchanges that directors assumed would remain private.

Legal experts examine how generative AI tools and user-entered prompts may create litigation exposure for companies, as courts evaluate the discoverability of AI-generated content. The analysis explores critical questions around confidentiality, privilege, and the need for thoughtful governance policies when integrating AI into business operations.

Ohio has a new Attorney General—Andy Wilson—appointed to serve through January 2027, bringing a law enforcement–focused background and signaling continuity in protecting consumers and supporting public safety priorities.

The Supreme Court has resolved a critical circuit split regarding private enforcement rights under the Investment Company Act of 1940, determining whether Section 47(b) allows private parties to sue for contract rescission...

Crown Communities, LLC v. Austin arose out of a dispute over the exercise of a statutory right of first refusal under the Massachusetts Manufactured Housing Act.

The ancient Roman legal maxim "Allegans Contraria Non Est Audiendus" evolved into the modern doctrine of judicial estoppel, which prevents parties from taking contradictory positions in court proceedings.

New York now has a statewide rule governing attorney use of artificial intelligence in court submissions. Part 161, adopted March 25, 2026 and effective June 1, 2026, establishes the policy of the Unified Court System...

The Advisory Committee on Evidence Rules has declined to advance proposed federal rules governing AI-generated evidence, while the Eastern District of Virginia confirms it will not issue AI-specific standing orders. This development leaves practitioners without uniform guidance on handling machine-generated evidence and alleged deepfakes in federal litigation.

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.