United States: Litigation, Mediation & Arbitration

Subscribe

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.

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter "unfair" or "deceptive" conduct...

United States Litigation

NM

Nelson Mullins Riley & Scarborough LLP

Why American Law Should Stop Following Old English Rules

While Dean Chemerinsky rightly criticizes the reliance on outdated English legal precedents, the U.S. legal system should go further by fully rejecting colonial-era English...

United States Litigation

MP

Manatt, Phelps & Phillips LLP

Washington Supreme Court Increases Risks Of Lawsuits For False Or Misleading Email Subject Lines

The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA).

United States Litigation

KG

K&L Gates LLP

UK Supreme Court Sets A High Bar For Challenges To Sanctions Designations

On 29 July 2025, the Supreme Court handed down judgment in the combined appeals in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs (‘Shvidler') and Dalston Projects Ltd and others v Secretary of State for Transport (‘Dalston Projects').

United States Litigation

D

Dechert

Texas Struggles To Rein In 'Nuclear Verdicts' As Senate Bill 30 Fails

United States Litigation

PD

Phelps Dunbar LLP

Even Under The Nollan/Dolan Test, The Court Of Appeal Holds Development Fees Are Not A Taking

United States Litigation

MP

Manatt, Phelps & Phillips LLP

Enjoy Your Motorcycle, But Be Safe

United States Litigation

GS

Gross Shuman P.C.

Chutes And Ladders: The CJP & CJA

United States Litigation

MP

Manatt, Phelps & Phillips LLP

New Rule Proposal Encourages Use Of Virtual Evidence Courtrooms In New York Commercial Division

United States Litigation

FF

Farrell Fritz, P.C.

File First, Facts Later? Eleventh Circuit Says That Discovery Can Inform False Claims Act Allegations In Amended Complaints

United States Litigation

CM

Crowell & Moring LLP

Legislation Extending Right To Pre-Death Pain And Suffering Approved By Legislative Committee

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

New York Federal Court Rules EEOC Early Right To Sue Regulation Is Incompatible With Title VII In Post-Loper Bright Decision

United States Litigation

DM

Duane Morris LLP

The Class Action Weekly Wire – Episode 113: Attorneys' Fee Awards In Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

Senate Democrats Invoke Rare Rule To Demand Epstein Files From DOJ

United States Litigation

AP

Arnold & Porter

CTPAT: An Anchor For Weathering The Trade Storms

United States International

BG

Braumiller Law Group, PLLC

New Montana State Income And Property Taxes For 2025 & 2026

United States Tax

PB

Parsons Behle & Latimer

From Copyright Case To AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies' Data Governance And EDiscovery Strategy

United States Technology

NM

Nelson Mullins Riley & Scarborough LLP

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Workplace Violence: Why Employers Can't Afford To Ignore The Warning Signs

United States Employment

OK

Offit Kurman

See more

Related Country Guides

Enforcement of Foreign Judgments

Litigation Dispute Resolution

International Arbitration

Highlighted Content

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

United States Litigation

J

JAMS

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

J

JAMS

California's Global Rise: Insights From International Arbitration Week

United States Litigation

J

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Why Early Mediations Fail And How To Maximize Their Chances For Success

United States Litigation

J

JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration

United States Litigation

J

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

Beyond The Verdict: The Essential Drive Of Post-Judgment Discovery

You've navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order.

United States Litigation

OK

Offit Kurman

DoJ Declines Prosecution Of Company That Self-Disclosed Export Control Offenses

The Justice Department announced that it will not be prosecuting Universities Space Research Association (USRA) for violations of U.S. export control laws, citing prompt self-disclosure and cooperation.

United States International

DT

Diaz Trade Law

Mass Appeals Court: Attorney-Client Privilege Applies To Town Emails, Despite Open Meeting Law Violation

Government entities should be aware of a recent decision from the Massachusetts Appeals Court regarding the application of the attorney-client privilege to emails that did not include attorneys...

United States Litigation

MO

Mirick O'Connell

AI In Action: Enhancing Legal Discovery And Investigation Reviews

United States Litigation

AC

Ankura Consulting Group LLC

Ensuring A Secure "Hold": Balancing Practicality And Privilege In Litigation Hold Notices

United States Litigation

AP

Arnold & Porter

What's Old Is New Again: Why Document Review Protocols And Custodian Interviews Still Matter In AI-Driven Ediscovery

United States Technology

AP

Arnold & Porter

How Did We Get Here? (Podcast)

United States Litigation

HK

Holland & Knight

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

When Your Fingers Do The Talking: D.C. Circuit Rules That Compelled Opening Of Cellphone With Fingerprint Violates The Fifth Amendment

United States Litigation

AP

Arnold & Porter

See more

Arbitration & Dispute Resolution

Why American Law Should Stop Following Old English Rules

While Dean Chemerinsky rightly criticizes the reliance on outdated English legal precedents, the U.S. legal system should go further by fully rejecting colonial-era English...

United States Litigation

MP

Manatt, Phelps & Phillips LLP

Atticus Limited Liability Company v. The Dramatic Publishing Company

In action over competing live stage rights to Harper Lee's To Kill a Mockingbird, Second Circuit affirms district court's ruling that "derivative works exception" to Copyright Act's termination provision...

United States IP

LL

Loeb & Loeb LLP

Court Rules Pension Fund's Position Was Not 'So Baseless' As To Mandate An Award Of Attorneys' Fees

ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys' fees...

United States Employment

JL

Jackson Lewis P.C.

Legislation Extending Right To Pre-Death Pain And Suffering Approved By Legislative Committee

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Spotlight On Upcoming Oral Arguments – June 2025

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Inside The SCC: Trends, Rules And The Future Of International Arbitration (Podcast)

Worldwide Litigation

B

Bracewell

Interstitial Issues: Direct vs. Derivative, Preliminary Injunctions, And Arbitrability

United States Litigation

CW

Cadwalader, Wickersham & Taft LLP

Class Action Risks From New AI And Consumer Protection Laws

United States Consumer

FK

Frankfurt Kurnit Klein & Selz

Recent U.S. Tax Court Opinion Illustrates How Language In Settlement Agreements Can Determine Tax Treatment Of Payments

United States Employment

LM

Littler Mendelson

See more

European Union

The EU Commission’s New Communication On The Application Of Article 82 To Exclusionary Conduct – Compromise, Pastiche, Holding Action, Tight-Rope Walk, Exercise In International Antitrust Diplomacy

Over the past eight years, the European Commission (“Commission”) has been engaged in a programme to modernize substantive EU competition law and the structures for its enforcement.

European Union Anti-trust

MF

Morrison & Foerster LLP

Scope Of Protection Of The Community Design Right

The English Court of Appeal has now set an important precedent in Europe and provided the first authoritative guidance on the nature and scope of the Registered Community Design.

United States IP

MW

McDermott Will & Emery

Antitrust & Trade Regulation Update

Antitrust and trade regulation updates from the European Union, Around the World and the United States

United States Anti-trust

SS

Squire, Sanders & Dempsey L.L.P.

European Commission To Pay For Botched Merger Review

United States International

MW

McDermott Will & Emery

The Abbey VAT Case: Implications for Investment Fund Outsourcing

United States Employment

PW

Pillsbury Winthrop Shaw Pittman

ShellNews.net: Royal Dutch Shell Farcical No. 2 Ranking in the 2005 "Accountability Rating" Published in FORTUNE Magazine

United States Commercial

r

royaldutchshellplc.com

Electronic Waste Responsibilities Loom on the Horizon

United States Environment

FB

Farella Braun & Martel

The Encroaching Jurisdiction of the European Bankruptcy Regulation

European Union Insolvency

RS

Reed Smith

The House Of Lords Wakes Up

United States IP

MW

McDermott Will & Emery

See more

Court Procedure

Doing The Right Thing: Playing Fair With The Involuntary Pro Se Litigant

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

United States Litigation

CH

Clark Hill

Ohio Court Ruling Highlights Judicial Discretion To Grant Or Deny American Discovery For Cross-Border Litigation

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign litigation.

United States Litigation

TS

Taft Stettinius & Hollister

Beware Of Discovery: Eleventh Circuit Changes Course On Whether Discovery Material Counts On A 9(b) Motion

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

United States Litigation

AP

Arnold & Porter

Colorado Supreme Court Clarifies When The Duty To Preserve Evidence Begins

United States Litigation

CH

Clark Hill

U.S. Supreme Court To Consider Whether A State Malpractice Statute Applies In Federal Court

United States Litigation

DM

Duane Morris LLP

Decision Alert: Supreme Court Affirms Rule 60(b)'s High Bar To Reopen Final Judgments

United States Litigation

D

Dykema

Voir Dire On Damages In California: Not Just Permitted – It Is Mandatory

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Article 15-6 Investigations: Should You Talk To The Investigator Without An Attorney Present?

United States Litigation

TR

Tully Rinckey

Federal Court Issues Order Granting Universal Injunction To A Provisionally Certified Class In New Birthright Citizenship Lawsuit

United States Finance

BS

Ballard Spahr LLP

See more

Latest Videos

See more

Sentencing Hearing For The Killer Of Four University Of Idaho Students (Video)

JW

Jones Walker

Contract Disputes: Arbitration vs. Costly Litigation (Video)

C

Crowley Law LLC

The Journey Of Litigation (Video)

OK

Offit Kurman

The Class Action Weekly Wire – Episode 111: California Court Greenlights "Headless" PAGA Suit (Video)

DM

Duane Morris LLP

A Seat With An Expert Series: Rishi Chhatwal (Forensic Technology Edition) (Video)

AM

Alvarez & Marsal

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More