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.
Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
J
JAMS
Article
Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable
A California Court of Appeal examined whether an arbitration agreement signed during employee onboarding was enforceable when paired with a confidentiality agreement that created a one-sided dispute resolution structure. The court analyzed both procedural and substantive unconscionability, focusing on how the combined documents favored the employer's ability to litigate certain claims while forcing the employee into arbitration for wage-and-hour disputes.
United States Litigation
PR
Proskauer Rose LLP
Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
Article
Northern District Of California Dismisses Putative Securities Class Action Against Value Grocery Retailer Without Prejudice
A federal district court dismissed a securities class action against a value grocery retailer and its executives, finding that plaintiffs failed to adequately allege false statements, scienter, or loss causation related to the company's troubled enterprise resource planning system transition. The court distinguished this case from similar software rollout litigation by emphasizing that defendants disclosed issues throughout the transition rather than concealing known problems.
United States Litigation
AO
A&O Shearman
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Related Country Guides

EF
Enforcement of Foreign Judgments
LD
Litigation Dispute Resolution
IA
International Arbitration
CA
Class Actions

Highlighted Content

Disclosure & Electronic Discovery & Privilege

Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
Article
Navigating Legal Protections In The Time Of Generative AI
Generative AI tools have become ubiquitous in business and legal practice, but their relationship with legal privilege protections remains largely unexplored. Recent court cases reveal how attorney-client privilege and work product doctrine apply when AI chatbots are involved in litigation preparation. Understanding these emerging legal boundaries is crucial for business leaders who use AI tools to explore sensitive matters that could become relevant in future lawsuits.
United States Litigation
C
Caldwell
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Arbitration & Dispute Resolution

Article
Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable
A California Court of Appeal examined whether an arbitration agreement signed during employee onboarding was enforceable when paired with a confidentiality agreement that created a one-sided dispute resolution structure. The court analyzed both procedural and substantive unconscionability, focusing on how the combined documents favored the employer's ability to litigate certain claims while forcing the employee into arbitration for wage-and-hour disputes.
United States Litigation
PR
Proskauer Rose LLP
Article
Second Circuit Adopts Expansive Interpretation Of Protected Activity But Declines To Broadly Construe Ending Forced Arbitration Act
On September 21, 2026, the Second Circuit handed down its opinion in Newton v. LVMH Moët Hennessy Louis Vuitton Inc., a significant decision addressing both the scope of protected activity under Title VII’s anti-retaliation provision and the applicability of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) to claims accruing before the statute’s enactment.
United States Employment
WD
Wiggin & Dana
Article
When Is A K An N? New Balance Takes On Decathlon In Footwear Trade Mark Dispute
New Balance has filed a trade mark infringement lawsuit against Decathlon over a logo used on KIPRUN running shoes, claiming the mirrored device creates confusion with its iconic N mark. The dispute raises critical questions about how consumers perceive brand identifiers in real-world contexts, particularly when logos appear differently depending on viewing angle and product placement.
United States IP
M
Murgitroyd
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Court Procedure

Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
Article
Northern District Of California Dismisses Putative Securities Class Action Against Value Grocery Retailer Without Prejudice
A federal district court dismissed a securities class action against a value grocery retailer and its executives, finding that plaintiffs failed to adequately allege false statements, scienter, or loss causation related to the company's troubled enterprise resource planning system transition. The court distinguished this case from similar software rollout litigation by emphasizing that defendants disclosed issues throughout the transition rather than concealing known problems.
United States Litigation
AO
A&O Shearman
Article
Navigating Legal Protections In The Time Of Generative AI
Generative AI tools have become ubiquitous in business and legal practice, but their relationship with legal privilege protections remains largely unexplored. Recent court cases reveal how attorney-client privilege and work product doctrine apply when AI chatbots are involved in litigation preparation. Understanding these emerging legal boundaries is crucial for business leaders who use AI tools to explore sensitive matters that could become relevant in future lawsuits.
United States Litigation
C
Caldwell
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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
Article
Due Process Post-Fuld And Statute Of Limitations For ICSID Cases
Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve
Global Litigation
S
Steptoe LLP
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Latest Videos

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