United States: Litigation, Mediation & Arbitration

A federal judge has ruled on a discovery dispute involving patent infringement allegations, requiring an Italian company to make its accused product available for physical inspection.

A federal magistrate judge has ordered disclosure of generative AI prompts used by an expert witness in preparing her report, marking what appears to be the first such ruling in federal court.

The United States District Court for the Central District of California, applying California law, held that a no voluntary payments clause in an employment practices liability policy barred coverage for post-tender...

Global reliance on critical minerals for emerging technologies has created a competition between nations to secure reliable supply chains for continued innovation pertinent to national security. This is necessary from a national security perspective for both partners in this agreement.

A single grammatical ambiguity in a patent claim led to the Federal Circuit invalidating DivX's patent against Netflix, costing them millions in licensing revenue. This case reveals how minor drafting errors in patent language remain invisible until litigation, when they become catastrophic business failures that no amount of legal spending can fix.

When Evenflo employees discussed how to "ingeniously escape" a competitor's patent in an internal email chain, they created evidence that would later be used against them in court. The Federal Circuit's reversal in Wonderland v. Evenflo demonstrates how a single unprotected communication can transform an infringement case into a willful infringement claim with treble damages exposure. What should companies do when they identify a potentially problematic patent, and how can founders avoid making the same cos

A federal judge's recent decision in Collision v. Samsung has opened a critical door for non-practicing entities seeking injunctive relief in patent cases. While the plaintiff didn't secure its injunction against Samsung's $445.5 million infringement, the court's explicit acknowledgment that NPEs may obtain injunctions under the eBay test fundamentally challenges two decades of precedent that effectively barred such remedies.

The Southern District of Texas addresses critical questions left open by the Supreme Court's Purdue decision regarding consensual third-party releases in bankruptcy plans. The court establishes when opt-out mechanisms suffice for creditor consent and clarifies the permissible scope of gatekeeping provisions that restrict litigation against non-debtor parties in Chapter 11 reorganizations.

The U.S. Supreme Court has issued its first-ever interpretation of the Helms-Burton Act's Title III, establishing that property confiscated by Cuba's Communist regime remains permanently "tainted" and off-limits for commercial use...

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.