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.
Article
The New Litigation Metadata: Experts’ AI Prompts May Not Stay Behind The Scenes
When an expert uses generative AI to analyze documents in litigation, do the prompts used become discoverable as part of the expert's methodology? A federal magistrate judge recently addressed this question, finding that AI prompts used to cull a document production may be subject to discovery under Rule 26(b), creating new tensions between efficiency and transparency in expert analysis.
United States Litigation
GT
Greenberg Traurig, LLP
Video
The Class Action Weekly Wire – Episode 158: California Federal Court Approves $1.5 Billion Settlement In AI Copyright Class Action (Podcast)
A federal court has approved a groundbreaking $1.5 billion settlement between AI developer Anthropic and a class of authors whose copyrighted works were allegedly downloaded from piracy libraries to train large language models. The settlement, which the court called the largest copyright class action in American legal history, provides an average recovery of approximately $3,000 per work while leaving the door open for future AI-related litigation. Despite the massive settlement fund, the court significantl
United States Litigation
DM
Duane Morris LLP
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Article
The New Litigation Metadata: Experts’ AI Prompts May Not Stay Behind The Scenes
When an expert uses generative AI to analyze documents in litigation, do the prompts used become discoverable as part of the expert's methodology? A federal magistrate judge recently addressed this question, finding that AI prompts used to cull a document production may be subject to discovery under Rule 26(b), creating new tensions between efficiency and transparency in expert analysis.
United States Litigation
GT
Greenberg Traurig, LLP
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Article
Court Limits “Get Out Of Arbitration Free” Card For “Implausible” Sexual Harassment Claims
Federal courts are increasingly scrutinizing whether sexual harassment claims are sufficiently plausible to trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act's exemption from arbitration agreements. A recent California decision demonstrates that merely labeling workplace disputes as sexual harassment is insufficient to avoid arbitration when the alleged conduct fails to meet legal standards for severity or pervasiveness under state employment law.
United States Employment
PR
Proskauer Rose LLP
Article
Property Insurance: Broadly Worded Water Exclusions Can Defeat Cover Regardless Of How The Loss Is Framed
A United States court has ruled that a broadly worded water exclusion in a businessowners property insurance policy defeated a jewellery business's claim for storm-related water damage. The decision demonstrates how insurers can successfully rely on comprehensive exclusions that capture multiple related perils, even when policyholders attempt to characterize their losses under a different mechanism.
United States Insurance
AA
Adams & Adams
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Article
Property Insurance: Broadly Worded Water Exclusions Can Defeat Cover Regardless Of How The Loss Is Framed
A United States court has ruled that a broadly worded water exclusion in a businessowners property insurance policy defeated a jewellery business's claim for storm-related water damage. The decision demonstrates how insurers can successfully rely on comprehensive exclusions that capture multiple related perils, even when policyholders attempt to characterize their losses under a different mechanism.
United States Insurance
AA
Adams & Adams
Article
A New Era In CPSC Enforcement: CPSC Invokes Section 12 For The First Time Since 1987
The U.S. Department of Justice and Consumer Product Safety Commission have filed their first imminent hazard lawsuit in nearly four decades, targeting manufacturers of Lakkzoom immersion water heaters that allegedly catch fire within minutes when used improperly. This aggressive enforcement action signals a renewed willingness to pursue mandatory recalls through federal court, even as questions swirl about the future structure of the CPSC under the Trump administration. The case raises critical questions ab
United States Consumer
AP
Arnold & Porter
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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
U.S. Supreme Court Holds Helms-Burton Act Abrogates Sovereign Immunity For Cuban State-Owned Entities
The Supreme Court's decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A. fundamentally alters the landscape for litigation under the Helms-Burton Act by eliminating sovereign immunity as a defense for Cuban state-owned entities. This ruling opens the door for U.S. nationals to pursue trafficking claims against Cuban government agencies and instrumentalities without satisfying the Foreign Sovereign Immunities Act's stringent exceptions. The decision raises critical questions about enforcement mechan
Worldwide International
JD
Jones Day
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