United States: Litigation, Mediation & Arbitration

Tennessee businesses defending personal injury claims are increasingly confronting disputes over medical damages, particularly treatment provided outside traditional health insurance systems through Letters of Protection.

As courts increasingly confront the use of artificial intelligence in litigation, a framework is emerging that determines when AI prompts are discoverable or protected.

In Definitive Holdings v. Powerteq, No. 2024-1761 (Fed. Cir. Apr. 14, 2026), the Federal Circuit affirmed summary judgment that the asserted claims were invalid under pre-AIA 35 U.S.C. § 102(b)...

If you’re on the management team of a Delaware corporation or serve as general counsel to one, it’s only a matter of time before a stockholder shows up with a books and records demand under Section 220...

Mediation outcomes in intellectual property disputes depend on more than just facts and legal arguments. Financial investment, time allocation, mediator expertise, and structural choices all signal the level of seriousness parties bring to the negotiation table...

A New Jersey federal court ruled that an exclusive reseller agreement for law enforcement training curricula may constitute a franchise relationship under state law, despite the parties never using the term "franchise."

Mediation outcomes in intellectual property disputes depend on more than just facts and legal arguments. Financial investment, time allocation, mediator expertise, and structural choices all signal the level of seriousness parties bring to the negotiation table...

The Supreme Court unanimously ruled that actuarial assumptions used to calculate an employer's withdrawal liability from an underfunded multiemployer pension plan can be selected after the employer's withdrawal date, provided they are based on information available as of that date.

The Supreme Court's decision in Berk v. Choy fundamentally altered the calculus for removing medical malpractice and professional liability cases to federal court by eliminating state affidavit-of-merit requirements. This shift transforms what was once a routine procedural decision into a strategic business choice with significant cost and timing implications.

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...

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. In this update, we examine several recent developments in arbitral award...