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.

SCOTX 2025 Year-End Update

The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court's pace slightly lags its most recent prior terms.

United States Litigation

BB

Baker Botts LLP

Access To Public Domain Documents Pilot: Practice Direction 51ZH

The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing.

United States Litigation

CM

Crowell & Moring LLP

Louisiana's New Comparative Fault Law: What Changed On January 1, 2026 — And Why It Matters

On January 1, 2026, Louisiana closed the chapter on its long‑standing pure comparative fault system and moved to a modified approach that bars recovery once a plaintiff is found 51% at fault.

United States Litigation

LL

Liskow & Lewis

Class Standing Redux: Ninth Circuit Holds Plaintiffs Must Present Evidence Of Class Member Injury At Summary Judgment

The district court certified an "inaccuracy class" comprised of persons whose Milliman reports contained information pertaining to other individuals.

United States Litigation

SM

Sheppard Mullin Richter & Hampton

Fourteenth Court Of Appeals Further Limits Non-Economic Damages In ExxonMobil v. Brown

United States Litigation

BB

Baker Botts LLP

International Arbitration Experts Discuss The Use Of An AI Arbitrator For Construction Arbitrations

United States Litigation

SR

McDermott Will & Schulte

Anatomy Of A Persuasive Closing Argument

United States Litigation

SJ

Steptoe LLP

A Rare Ray Of Light For UCC Borrowers–But Will It Last?

United States Litigation

AY

A.Y. Strauss

November 2025 Decisions Address Implied Rights Of Action, Personal Jurisdiction, And Section 1983 (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

VIDEO – DMCAR Trend #5: Exceptions Continued To Erode The Rule In The Arbitration Space

United States Litigation

DM

Duane Morris LLP

Insured Versus Insured Exclusion Defeats Coverage For Class Action Filed By Former Director

United States Litigation

WR

Wiley Rein

New York's Anti-SLAPP Act: An Unnecessary Chill On The First Amendment Right To Petition

United States Litigation

CL

Carter Ledyard & Milburn

2025 EDVA Commercial Litigation Roundup

United States Litigation

BB

Baker Botts LLP

Final Approval Orders In The TEP Class Action Lawsuits

United States Litigation

DW

Dufford Waldeck

Countdown To Jan. 1, 2026: Preparing For California's New AI Training Data Transparency Obligations

United States Technology

FK

Frankfurt Kurnit Klein & Selz

The Empty Chair At Johannesburg: What It Says About US Power

United States International

SJ

Steptoe LLP

Artificial Intelligence — A Blessing With Boundaries (Video)

United States Technology

MB

Michael Best

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

Supreme Court Weighs Extent Of President's Authority To Impose Tariffs During Proclaimed National Emergencies

United States Litigation

D

Dykema

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Litigation Dispute Resolution

International Arbitration

Enforcement of Foreign Judgments

Highlighted Content

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

J

JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

United States Litigation

J

JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

Health Care Mediation Strategies: How To Resolve Complex Provider, Reimbursement, And Compliance Disputes (Podcast)

United States Litigation

J

JAMS

How The JAMS AI Rules Can Streamline Discovery For AI-Related Disputes

United States Litigation

J

JAMS

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Early Mediation: Is Your Case A Likely Candidate?

United States Litigation

J

JAMS

Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

One Minute Matters [Video]: Does Your AI Notetaker Waive Your Attorney-Client Privilege? (With Jeff Gifford)

AI notetaking tools have become ubiquitous in business meetings, but they pose serious legal risks in the boardroom that most directors don't realize.

United States Technology

D

Dykema

Guardrails Before Greenlights: How Gen AI Will Actually Shape E-Discovery In 2026

Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict.

United States Technology

WS

Winston & Strawn LLP

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

WL

Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

KG

K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

United States Court Of Appeals For The Sixth Circuit Grants Writ Of Mandamus To Preserve Privilege For Internal Investigations

United States Litigation

ML

Milbank LLP

U.S. Sixth Circuit Reaffirms Core Protections For Outside-counsel Investigations In FirstEnergy Win

United States Litigation

AO

A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

BB

Beresford Booth

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Arbitration & Dispute Resolution

Access To Public Domain Documents Pilot: Practice Direction 51ZH

The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing.

United States Litigation

CM

Crowell & Moring LLP

International Arbitration Experts Discuss The Use Of An AI Arbitrator For Construction Arbitrations

Mealey's International Arbitration Report recently asked industry experts and leaders for their thoughts on the American Arbitration Association's Interna tional Centre for Dispute Resolution (AAA-ICDR)...

United States Litigation

SR

McDermott Will & Schulte

Anatomy Of A Persuasive Closing Argument

You've spent days, or weeks, in trial, and now it's time for closing argument.

United States Litigation

SJ

Steptoe LLP

VIDEO – DMCAR Trend #5: Exceptions Continued To Erode The Rule In The Arbitration Space

United States Litigation

DM

Duane Morris LLP

Establishing A Second Emergency Board To Investigate Disputes Between The Long Island Rail Road Company And Certain Of Its Employees Represented By Certain Labor Organizations (Trump EO Tracker)

United States Transport

AG

Akin Gump Strauss Hauer & Feld LLP

Absent A Final Arbitration Award, An Arbitration Clause Is Not A "Get Out Of Court Free" Card Under CPLR 3211

United States Litigation

FF

Farrell Fritz, P.C.

Know Your Fact-Finder: Not Just For Jury Trials

United States Litigation

WL

WIT Legal

United States Litigation

D

Dykema

International Claims Commission To Be Established For Ukraine Reparations

United States International

MB

Mayer Brown

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Court Procedure

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

On December 8, 2025, the Justices heard oral argument in Trump v. Slaughter (No. 25-332). The Supreme Court plans to decide (1) whether the statutory removal protections for independent...

United States Litigation

D

Dykema

Civil Procedure Is Not Technical — It's Determinative

Navigating the complexities of Illinois appellate jurisdiction is critical for any litigant. A recent First District decision highlights how strict adherence to Rule 303(a) and the timing of post-judgment motions...

United States Litigation

PL

Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking...

United States Litigation

BD

Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

New Federal Rule Will Help Discourage Meritless Claims In Multidistrict Litigation

United States Litigation

JD

Jones Day

Orange County Team Secures Summary Judgment And Recovery Of Costs For Kia America In Hotly Contested Lemon Law Dispute

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

FRCP 16.1 Now In Play For MDLs—Game Changer Or Not?

United States Litigation

CM

Crowell & Moring LLP

Florida Statute § 768.79 Update: Fee-Shifting Penalty Does Not Apply In Attorney Charging Lien Disputes

United States Litigation

L

Losey

Illinois Legislature Increases Key Debtor Exemptions Starting On January 1, 2026

United States Litigation

LL

Lavelle Law

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Sovereign Immunity: Public Sector Government

Sovereigns In The Spotlight: Crystallex Uncertainty & Supreme Court Showdowns Ahead

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Litigation

SJ

Steptoe LLP

Transportation At SCOTUS: Arguments On NJ Transit Immunity From Lawsuits In NY And PA Will Be Heard By The U.S. Supreme Court January 14th

The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit)...

United States Litigation

MV

Moore & Van Allen

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations...

United States Litigation

IG

IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

SH

Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

W

WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

Supreme Court Stays District Court Order Vacating NIH Grant Terminations, But Leaves Guidance Vacatur Intact

United States Litigation

CM

Crowell & Moring LLP

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Latest Videos

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Webinar – High-Stakes Litigation: Proper Preparation Prevents Poor Performance (Video)

BB

Beresford Booth

November 2025 Seventh Circuit Roundup: Key Decisions On Implied Rights, Personal Jurisdiction, And Section 1983 (Podcast)

BT

Barnes & Thornburg LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

The Class Action Weekly Wire – Episode 127: California Federal Judge Overrules Objections To The NCAA's $2.78 Billion NIL Class Action Settlement (Video)

DM

Duane Morris LLP

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