United States: Litigation, Mediation & Arbitration

Competition authorities across Europe are expanding their digital evidence-gathering capabilities, including access to remotely stored data, raising critical questions about the balance between investigative powers and fundamental rights protections. Recent decisions demonstrate both the broad scope of these authorities' powers and the potential for significant interference with privacy rights when accessing personal and professional devices.

When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.

Recent court decisions reveal conflicting approaches to whether communications with generative AI tools waive attorney-client privilege or work product protection, creating significant uncertainty for companies handling sensitive legal and proprietary information. Life sciences companies face heightened risks as they increasingly rely on AI tools while managing confidential clinical data, regulatory strategies, and intellectual property that may become subject to discovery in future litigation.

The Ninth Circuit's reversal in Cocom v. ABM Aviation provides crucial guidance for California employers on drafting enforceable arbitration agreements. This ruling clarifies how courts should interpret arbitration scope language and distinguishes problematic unlimited agreements from properly limited employment-focused ones. The decision offers practical lessons on avoiding unconscionability challenges while maintaining effective arbitration programs.

A coalition of 17 states has launched an unprecedented constitutional challenge to California's packaging extended producer responsibility program, raising novel legal theories that go beyond previous EPR challenges in Oregon and Colorado. The lawsuit targets both state regulators and the Circular Action Alliance, marking the first time a producer responsibility organization has been named as a defendant in such litigation.

Discover how secure enterprise ChatGPT models are transforming litigation practice by streamlining transcript analysis, deposition preparation, and financial data review. Learn practical applications that enhance efficiency while preserving the critical role of attorney judgment and strategic thinking in complex commercial disputes.

The Federal Rules of Appellate Procedure governing brief length appear straightforward but contain hidden complexities, particularly in appeals with multiple issues or parties. Understanding these nuances while streamlining briefs effectively serves both judicial efficiency and optimal client representation.

The U.S. Supreme Court has vacated a D.C. Circuit decision upholding DOE's 2023 energy conservation standards for consumer furnaces and commercial water heaters, marking a significant shift in how federal courts review agency interpretations post-Loper Bright. The case challenges DOE's narrow reading of "performance characteristic" under EPCA, which effectively mandates a transition from traditional noncondensing gas appliances to condensing technology.

When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.

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.