United States: Litigation, Mediation & Arbitration

The Commercial Division Advisory Council has proposed two rule amendments for public comment: one requiring transparency in discovery cost-shifting requests with good-faith cost estimates...

Take a breath—this is stressful, but it is manageable. First, an important reassurance: receiving a subpoena does not mean you have been sued, and it does not mean anyone is claiming you did something wrong or that you owe damages to anyone. It simply means that one or more parties to an existing lawsuit believe you may have information relevant to their dispute.

Generative artificial intelligence AI (gen AI) promises greater efficiency in document review, but instead of eliminating discovery disputes, it has transformed them. Courts are now confronting questions about how much detail opposing counsel is entitled to about the use of gen AI tools.

For Eaton fire victims who lost homes, businesses, and possessions in the Eaton Fire, a new report published by the Pasadena Star-News is raising concerns that SCE and PG&E may be lobbying for legislation to limit wildfire victims’ ability to obtain full compensation from investor-owned utilities found responsible for catastrophic fires.

Directs federal agencies not to issue or accept documents recognizing U.S. citizenship for certain persons born in the U.S. when neither parent is a U.S. citizen, including where a parent...

The Ninth Circuit recently heard oral arguments on a case examining the enforceability of arbitration provisions in consumer contracts. This Consumer Counterpoint Quick Take breaks down the key legal arguments and their potential implications for consumer class action defense strategies.

Legal experts from Mintz successfully challenged a Massachusetts rent control ballot initiative by arguing that its religious exemption violated the state constitution. The case hinged on a rarely litigated provision of Article 48, making it a unique constitutional challenge with significant implications for future ballot initiatives.

The United States Court of Appeals for the Federal Circuit holds unique nationwide jurisdiction over patent cases and specialized federal law, making its composition critically important to innovation and intellectual property enforcement. This analysis examines the Rule of 80 governing senior status eligibility, explains why eligibility dates do not predict actual vacancies, and provides a comprehensive overview of the current court's composition and its implications for patent-dependent industries.

The Ninth Circuit recently heard oral arguments on a case examining the enforceability of arbitration provisions in consumer contracts. This Consumer Counterpoint Quick Take breaks down the key legal arguments and their potential implications for consumer class action defense strategies.

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 Supreme Court's 2025-2026 term delivered landmark rulings that reshape the landscape for arbitration enforcement and Helms-Burton Act claims. From clarifying federal courts' continuing jurisdiction over arbitration proceedings to expanding liability under Title III, these decisions favor award-creditors and claimholders while leaving critical sovereign immunity questions unresolved through strategic cert denials.

Simply stated, eminent domain is the power of the government to take private property for a public use (i.e. utilities, roads, and parks). However, the property owner...