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.
Article
Trends In Third-Party Litigation Funding: A Cross-Jurisdictional Analysis
Third-party litigation funding has expanded dramatically across major global jurisdictions over the past two decades, yet regulatory approaches remain strikingly divergent despite shared concerns about conflicts of interest, litigation control, and foreign government involvement. This analysis examines how the United States, United Kingdom, Germany, China, and the Unified Patent Court are grappling with transparency requirements and control limitations as momentum builds for comprehensive reform.
Worldwide Litigation
W
WilmerHale
Article
Good People Doing Bad Things: When A Fraud Case Is About More Than The Fraudsters
When investors poured millions into an aircraft venture only to discover their brokers had diverted funds and concealed critical information, the path to recovery proved far more complex than simply proving fraud. This case reveals how commercial fraud often emerges not from elaborate schemes but from legitimate ventures under pressure, and why identifying all parties with potential liability—including seemingly innocent intermediaries—can mean the difference between a worthless judgment and act
United States Litigation
DW
Dickinson Wright PLLC
Article
The End Of The ATS Road? Supreme Court Limits International Human Rights Lawsuits In U.S. Courts
The U.S. Supreme Court's landmark decision in Cisco Systems, Inc. v. Doe fundamentally reshapes the landscape of international human rights litigation in American courts. By ruling that federal courts cannot create new causes of action under the Alien Tort Statute and that the Torture Victim Protection Act does not provide for aiding-and-abetting liability, the Court has effectively closed the door on decades of litigation targeting U.S. businesses for alleged human rights violations abroad. What does this
United States Litigation
AP
Arnold & Porter
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Article
AI And Attorney-Client Privilege: What Employers Should Know
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.
United States Litigation
MF
Masuda, Funai, Eifert & Mitchell, Ltd.
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Article
Taylor Sample Discusses The Impact Of Recent Appellate Court Decisions On Data Breach Cases
Appellate courts are reshaping data breach litigation by scrutinizing post-breach responses and raising evidentiary standards for plaintiffs. Recent decisions demonstrate that companies with disciplined incident response protocols, clear contractual defenses, and well-documented communications gain significant advantages when cases reach higher courts. The evolving legal landscape emphasizes that organizational preparedness and strategic documentation may prove as critical as cybersecurity measures themselv
United States Privacy
BB
Bass, Berry & Sims
Article
Trends In Third-Party Litigation Funding: A Cross-Jurisdictional Analysis
Third-party litigation funding has expanded dramatically across major global jurisdictions over the past two decades, yet regulatory approaches remain strikingly divergent despite shared concerns about conflicts of interest, litigation control, and foreign government involvement. This analysis examines how the United States, United Kingdom, Germany, China, and the Unified Patent Court are grappling with transparency requirements and control limitations as momentum builds for comprehensive reform.
Worldwide Litigation
W
WilmerHale
Article
When A Colorway Becomes A Trademark Problem: 7-Eleven Sues Nike Over Air Max 95 Release
Nike's Air Max 95 sneaker featuring orange, green, and red stripes has sparked a federal trademark lawsuit from 7-Eleven, which claims the design unlawfully copies its distinctive tri-color branding. The convenience store chain argues that the shoe's color scheme, combined with its July 11 release date and "corner store" marketing references, creates consumer confusion about an unauthorized collaboration.
United States IP
DS
Dinsmore & Shohl
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Article
Trends In Third-Party Litigation Funding: A Cross-Jurisdictional Analysis
Third-party litigation funding has expanded dramatically across major global jurisdictions over the past two decades, yet regulatory approaches remain strikingly divergent despite shared concerns about conflicts of interest, litigation control, and foreign government involvement. This analysis examines how the United States, United Kingdom, Germany, China, and the Unified Patent Court are grappling with transparency requirements and control limitations as momentum builds for comprehensive reform.
Worldwide Litigation
W
WilmerHale
Article
BREAKING: Seventh Circuit Holds Text Messages Are Not Telephone Calls Under Section 227(c)(5) Of The TCPA
The Seventh Circuit's decision in Steidinger v. Blackstone Medical Services represents a landmark post-Loper Bright ruling that significantly impacts TCPA litigation strategy for businesses nationwide. This groundbreaking appellate opinion addresses whether Section 227(c)(5) of the TCPA permits plaintiffs to sue for unwanted text messages, becoming the first Circuit court to weigh in on this critical issue.
United States Consumer
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Benesch Friedlander Coplan & Aronoff LLP
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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
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