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.
Video
ATDS CLAIM SURVIVES: #BigLaw Loses Again As Court Overrules Objections And Let’s ATDS SMS Case Proceed To Dicovery (Video)
A federal court in Idaho has allowed an ATDS claim to proceed to discovery despite the heightened pleading standards post-Facebook v. Duguid, finding that allegations of repetitive SMS messages and online consumer complaints were sufficient to infer automated dialing equipment usage. The decision also permits treble damages claims to advance, marking another unusual loss for BigLaw firms in TCPA litigation where defendants typically prevail at the pleadings stage.
United States Litigation
Troutman Amin LLP
Article
Outsized Verdicts Persist In Florida Despite Tort Reform: What Businesses And Insurers Need To Know
Florida juries continue to deliver multimillion-dollar verdicts in personal injury cases despite 2023 tort reform efforts, with non-economic damages now routinely exceeding medical expenses by factors of 20 to 180 times. Corporate defendants in transportation, hospitality, and insurance sectors face unprecedented exposure as plaintiffs' attorneys successfully leverage anchoring arguments and juror sympathy to secure outsized awards. How should businesses and insurers recalibrate their risk management strate
United States Litigation
Aa
Adams and Reese
Podcast
Meeting Jurors Where They Are: Effective Trial Communication | Episode 95 (Podcast)
Effective trial communication requires attorneys to make complex information understandable, establish credibility, and give jurors a story they can follow and remember. In this IMS Insights Podcast episode, Senior Jury Consulting Advisor Keith Pounds, PhD, speaks with Maggie Mendenhall Casey, Deputy General Counsel for the City of Chicago and 2025 recipient of the Earl B. Dickerson Award, about what it takes to communicate effectively in the courtroom.
United States Litigation
IMS Legal Strategies
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Related Country Guides

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

Highlighted Content

Disclosure & Electronic Discovery & Privilege

Article
Second Circuit Joins Growing Chorus Permitting Suspicionless Manual Cellphone Searches At The Border
The Second Circuit recently ruled on the government's authority to conduct warrantless cell phone searches at border crossings, establishing that manual searches require no suspicion while leaving open critical questions about more invasive forensic examinations. This decision has significant implications for travelers carrying confidential business, legal, or personal information across U.S. borders.
United States Criminal
S
Steptoe LLP
Video
CHANCES SUNK: TCPA Plaintiff Deemed Inadequate to Represent Class After Throwing Phone in Mississippi River (Video)
A federal court recently denied class certification in a TCPA case after the plaintiff destroyed critical evidence by throwing his cell phone into the Mississippi River during litigation. The court found the plaintiff inadequate to represent the class due to this spoliation of evidence, which prevented the defendant from conducting forensic analysis and created a unique conflict of interest that other class members would not share.
United States Litigation
Troutman Amin LLP
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Arbitration & Dispute Resolution

Article
Rise Of Post-Closing M&A Disputes
Post-closing disputes in mergers and acquisitions have become increasingly common as buyers and sellers clash over purchase price adjustments, earnouts, and representation warranties. Understanding the key drivers behind these conflicts and strategies for resolution is essential for parties navigating complex M&A transactions. This analysis examines the trends fueling post-closing litigation and best practices for minimizing disputes.
United States Commercial
MF
Masuda, Funai, Eifert & Mitchell, Ltd.
Article
Nektar v. Lilly: Lilly Defeats CRE Claim, But Jury Finds It Owes $90M For Breaching The Implied Covenant Of Good Faith And Fair Dealing
On September 24, 2026, after five days of deliberation, a federal jury in the Northern District of California found that Eli Lilly & Co. (“Lilly”) breached the implied covenant of good faith and fair dealing under its 2017 license agreement with Nektar Therapeutics (“Nektar”) for the development of rezpegaldesleukin (“Rezpeg”), awarding Nektar $90 million in damages.
United States Commercial
GP
Goodwin Procter LLP
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Court Procedure

Video
ATDS CLAIM SURVIVES: #BigLaw Loses Again As Court Overrules Objections And Let’s ATDS SMS Case Proceed To Dicovery (Video)
A federal court in Idaho has allowed an ATDS claim to proceed to discovery despite the heightened pleading standards post-Facebook v. Duguid, finding that allegations of repetitive SMS messages and online consumer complaints were sufficient to infer automated dialing equipment usage. The decision also permits treble damages claims to advance, marking another unusual loss for BigLaw firms in TCPA litigation where defendants typically prevail at the pleadings stage.
United States Litigation
Troutman Amin LLP
Article
Outsized Verdicts Persist In Florida Despite Tort Reform: What Businesses And Insurers Need To Know
Florida juries continue to deliver multimillion-dollar verdicts in personal injury cases despite 2023 tort reform efforts, with non-economic damages now routinely exceeding medical expenses by factors of 20 to 180 times. Corporate defendants in transportation, hospitality, and insurance sectors face unprecedented exposure as plaintiffs' attorneys successfully leverage anchoring arguments and juror sympathy to secure outsized awards. How should businesses and insurers recalibrate their risk management strate
United States Litigation
Aa
Adams and Reese
Podcast
Meeting Jurors Where They Are: Effective Trial Communication | Episode 95 (Podcast)
Effective trial communication requires attorneys to make complex information understandable, establish credibility, and give jurors a story they can follow and remember. In this IMS Insights Podcast episode, Senior Jury Consulting Advisor Keith Pounds, PhD, speaks with Maggie Mendenhall Casey, Deputy General Counsel for the City of Chicago and 2025 recipient of the Earl B. Dickerson Award, about what it takes to communicate effectively in the courtroom.
United States Litigation
IMS Legal Strategies
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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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