United States: Civil 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.

Supreme Court Refuses To Extend ‘Battlefield Preemption’ Defense To Conduct The Government Never Authorized

On April 22, 2026, the Supreme Court of the United States issued Hencely v. Fluor Corporation,[1] a 6-3 decision rejecting the Fourth Circuit’s holding that defense contractors enjoy per seimmunity...

Worldwide Litigation

B

Bracewell

Podcast - Finding The Truth (Video)

In Uzbekistan, defense lawyers once had so little power they could barely advocate for their clients. When one attorney finally experienced cross-examination during a mock trial, the emotional impact was profound. This episode explores what happened when fundamental legal rights met a system that had never known them.

United States Litigation

HK

Holland & Knight

One Line Too Few: How Noncompliance With Recently Amended CPLR 2106 Undermines An Affirmation

Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York civil proceedings.

United States Litigation

FF

Farrell Fritz, P.C.

Late-Discovered Emails Open The Door To Chapter 93A Counterclaim

A Massachusetts federal court allowed a defendant to amend its answer late in litigation to add a Chapter 93A counterclaim based on newly discovered internal communications.

United States Litigation

GT

Greenberg Traurig, LLP

Nevada's Mandatory Nonbinding Arbitration Law For Civil Cases Is Going Through Changes

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Podcast - The "Referee" Of The Judicial System

United States Litigation

HK

Holland & Knight

Webinar – Seller Disclosure: Permits, Remodels, And The Buyer’s Risk When You Don’t Dig Deeper (Video)

United States Real Estate

BB

Beresford Booth

Catalyst Theory Cannot Rescue A Plaintiff That Lost On The Merits: Third District Affirms Denial Of Attorney Fees In CEQA Case

United States Litigation

KP

KPMG

Civil Litigation In US Courts: A Primer For Non-US Entities

United States Litigation

SA

Skadden Arps Slate Meagher & Flom

California Earthquake Authority Weighs In On Inverse Condemnation In Its New SB 254 Report

United States Energy

N

Nossaman LLP

In Massachusetts, Section 230 Does Not Immunize Meta From Claims That Instagram’s Design Features Injure Children

United States Media & IT

CM

Crowell & Moring LLP

Civil Investigative Demands — What They Are, How They Work, And How To Respond (Video)

United States Litigation

SS

Seyfarth Shaw LLP

Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

Worldwide Litigation

W

WilmerHale

State And Federal PFAS Litigation – 2019 To Q1 2026

United States Litigation

FR

Fox Rothschild LLP

For Whom The Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping Claims

United States Privacy

FR

Fox Rothschild LLP

March 2026: Federal Deadlines That Will Reshape The AI Regulatory Landscape

United States Technology

BB

Baker Botts LLP

What Do Employers Need To Know About Independent Contractors And California EDD Payroll Tax Audits? (Video)

United States Employment

LM

Littler Mendelson

Virtual And Digital Health Digest

Worldwide Healthcare

AP

Arnold & Porter

The Globalization Of Asset-Intensive Reinsurance

United States Insurance

MB

Mayer Brown

Illinois Supreme Court Rules That Employees Must Be Paid For Pre-Shift COVID-19 Screenings Under Illinois Wage Law

Duane Morris Takeaways: In Johnson, et al. v. Amazon.com Services, LLC, 2026 IL 132016 (Mar. 19, 2026), the Illinois Supreme Court held that unlike the federal Fair Labor Standards Act ("FLSA")...

United States Litigation

DM

Duane Morris LLP

Second Circuit Confirms Hague Service Convention Bars Email Service On Signatories, Affecting Strategic Decision Whether To Waive Service

A recent Second Circuit decision brings some clarity to a contested area of law, establishing that the Hague Service Convention (the "Convention") creates an exclusive framework for service of process in signatory countries...

United States Litigation

JD

Jones Day

No Tactical Time‑Out: English Court Refuses To Stay LCIA Arbitrations Pending Arbitrator And Procedural Order Challenge

The English High Court refused to stay LCIA arbitrations pending challenges to procedural orders and the arbitrator, reaffirming the high threshold for curial intervention...

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Silence Is Not Always Golden: Southern District Of New York Rules That Opt-Out Mechanism Is Insufficient To Render A Third Party Release Valid

In this article, the authors discuss a decision by a federal district court in New York striking an “opt-out” third-party release and corresponding injunction from a chapter 11 plan.

United States Insolvency

CW

Cadwalader, Wickersham & Taft LLP

Global Entry Remains Suspended: Update For International Travelers

United States Commercial

GT

Greenberg Traurig, LLP

Court Sanctions Highlight Potential Risks Of Using Unchecked AI In Litigation

United States Technology

GT

Greenberg Traurig, LLP

Federal Court Dismisses Chapter 93A Claims Predicated On Fraud For Failure To Plead With Particularity

United States Criminal

GT

Greenberg Traurig, LLP

No Statutory Time Limit For Unfair Prejudice Petitions

United States Commercial

GP

Goodwin Procter LLP

Last Month At The Supreme Court | February 2026

United States Litigation

D

Dykema

AI And Plagiarism In Higher Education: Guidance For Education Institutions

United States Consumer

SJ

Steptoe LLP

Southern District Of New York Dismisses Securities Act Claims Against Mobile Content Company For Lack Of Statutory Standing And For Failure To Adequately Allege Misrepresentations

United States Litigation

AO

A&O Shearman

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

United States Litigation

BS

Butler Snow LLP

AI Hallucinated Case Citations Prompt Sanctions And Delay Class Action Settlement

United States Technology

DM

Duane Morris LLP

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

United States Litigation

GB

Genova Burns

Southern District Of New York Dismisses Securities Act Claims Against Mobile Content Company For Lack Of Statutory Standing And For Failure To Adequately Allege Misrepresentations

On February 5, 2026, Judge Victor Marrero of the United States District Court for the Southern District of New York dismissed a putative class action asserting claims...

United States Litigation

AO

A&O Shearman

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, "Multidistrict Litigation," and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure...

United States Litigation

BS

Butler Snow LLP

AI Hallucinated Case Citations Prompt Sanctions And Delay Class Action Settlement

Duane Morris Takeaways: On November 20, 2025, in Buchanan v. Vuori, Inc., No. 5:23-CV-01121 (N.D. Cal. Nov. 20, 2025), Magistrate Judge Nathanael M. Cousins of the U.S. District Court...

United States Technology

DM

Duane Morris LLP

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an "affidavit of merit" or similar document at an early stage of the case.

United States Litigation

GB

Genova Burns

Florida Civil Litigation Update: HB 759 And Rising Court Fees

United States Litigation

JP

Johnson, Pope, Bokor, Ruppel & Burns

Early Evidence? Not In This Court!: Supreme Court Clarifies Federal Rules Govern Over State Law

The Supreme Court ruled in Berk v. Choy that federal courts do not have to enforce state laws requiring plaintiffs to provide early evidence—such as affidavits of merit...

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Claims Notes: January 2026

Effective January 1, 2026, minimum limits for standard auto liability policies increase to $35,000 per person/$70,000 per accident for both liability and UM/UIM coverage...

United States Insurance

CO

Cozen O'Connor

Federal Rules Break New Ground With MDL-Specific Guidance

Multidistrict litigation (MDL) has grown dramatically over the past decade, now accounting for more than half of all federal civil cases.

United States Litigation

SH

Shook, Hardy & Bacon

Higher Education Litigation And Federal Policy: 2025 Year In Review

President Trump made higher education a focus of his second term, and his administration has targeted colleges and universities in various spaces...

United States Litigation

FH

Foley Hoag LLP

Texas Adopts The Uniform Interstate Depositions And Discovery Act

United States Litigation

FL

Foley & Lardner

Ticking The Right Boxes: The Orange v Shein Decision On Jurisdictional Challenges And Staying Arbitration

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Third Circuit Ruling Makes It Easier For Employers To Settle Hybrid Wage And Hour Actions

United States Litigation

JL

Jackson Lewis P.C.

California Appellate Decision Solidifies Rule On Standing For Opposing Motions For Summary Judgment By Co-Defendants

United States Litigation

CH

Clark Hill

Illinois Legislature Increases Key Debtor Exemptions Starting On January 1, 2026

United States Litigation

LL

Lavelle Law

California Again Resurrects Stale Sexual Assault Claims

United States Employment

PR

Proskauer Rose LLP

Jurisdiction Entanglements In International Arbitration: Perspectives And Lessons From Different Jurisdictions (Video)

Worldwide Litigation

KG

K&L Gates LLP

To Err Or Not To Err: Preservation For Appeal

United States Litigation

SJ

Steptoe LLP

Ninth Circuit Removes Right To Immediate Appeal From Denials Of California Anti-SLAPP Motions, Preserving Use Of SLAPP Statute In Federal Cases (For Now)

United States Litigation

DW

Davis Wright Tremaine

Ninth Circuit Joins Appeals Courts Applying Bristol-Myers To FLSA Actions

United States Litigation

SH

Shook, Hardy & Bacon

Circuit Court Rejects Illinois Lawmakers' Challenge To Senate Bill 328's Expansion Of Toxic-Tort Jurisdiction

United States Government

GT

Greenberg Traurig, LLP

Brasília em Pauta - Edição Nº 211

United States Litigation

MB

Mayer Brown

When Is An Argument Too Late For Preservation In Florida?

United States Litigation

L

Losey

I Consent: New Illinois Law Expands General Jurisdiction For Foreign Corporations Doing Business In Illinois

United States Litigation

JD

Jones Day

An Attorney's Ethical Obligations To The Client In Third-Party Funded Litigation

United States IP

BB

Baker Botts LLP

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Latest Videos

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Podcast - Finding The Truth (Video)

HK

Holland & Knight

Webinar – Seller Disclosure: Permits, Remodels, And The Buyer’s Risk When You Don’t Dig Deeper (Video)

BB

Beresford Booth

Civil Investigative Demands — What They Are, How They Work, And How To Respond (Video)

SS

Seyfarth Shaw LLP

Jurisdiction Entanglements In International Arbitration: Perspectives And Lessons From Different Jurisdictions (Video)

KG

K&L Gates LLP

The Class Action Weekly Wire – Episode 98: Key Appellate Developments In Class Actions (Video)

DM

Duane Morris LLP

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