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.

Supreme Court Grants Certiorari To Review Important Federal Transportation Preemption Issue

On Friday, October 3, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, et al., No. 24-1238, setting the stage for the Court's resolution of a vitally important issue to...

United States Litigation

TC

Thompson Coburn LLP

SEC Issues Policy Statement On Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) issued a policy statement clarifying that its decision whether to accelerate the effectiveness of a registration statement...

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Podcast - Part I: Going From Young Associate To Veteran Lawyer

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Partner Eric Alexander, who leads the firm's Product Liability...

United States Litigation

HK

Holland & Knight

Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 And 11

In Sentinel Ins. Co., Ltd. v. Broan-Nutone, LLC, 2025 U.S. Dist. LEXIS 184988, the plaintiff (the Insurer), as subrogee of the Assembly of Christians Gospel Hall Association (the Insured)...

United States Litigation

GT

Greenberg Traurig, LLP

Recognition Of Nonconsensual Third-Party Releases In Ch. 15 After Purdue

United States Litigation

W

WilmerHale

Ninth Circuit Joins Appeals Courts Applying Bristol-Myers To FLSA Actions

United States Litigation

SH

Shook, Hardy & Bacon

Supreme Court Orders Oral Argument On President's Decision To Remove Federal Reserve Governor Lisa Cook

United States Litigation

MB

Mayer Brown

Ohio Appellate Court Rules In Favor Of Taft's Clients In $7 Million Estate Note Case

United States Litigation

TS

Taft Stettinius & Hollister

The Clause That Can Cost The Most If You Get It Wrong

United States Litigation

FR

Fox Rothschild LLP

The Class Action Weekly Wire – Episode 121: You're Invited! Our Year-End Review Of EEOC Litigation And Strategy (Video)

United States Litigation

DM

Duane Morris LLP

Ohio Supreme Court Refuses To Weigh In – For Now – On Liability Of Hackers Under Ohio Law

United States Litigation

CH

Calfee Halter & Griswold

The Supreme Court's Landmark Ruling On Universal Injunctions In The Birthright Citizenship Cases - Part 2 (Podcast)

United States Litigation

BS

Ballard Spahr LLP

Ohio Bans Certain Federal PAC Contributions: How To Avoid The Risk

United States Litigation

BS

Ballard Spahr LLP

New Jersey Appellate Court Affirms That Lease Incentive Recovery Clauses Are Not Unconscionable In Class Action Dismissal

United States Litigation

DM

Duane Morris LLP

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

J

JAMS

Federal Court Blocks Enforcement Of Texas Proxy Advisor Disclosure Law

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Stop ERP Failures: Critical Mistakes To Avoid In Your Digital Transformation (Video)

United States Strategy

TS

Taft Stettinius & Hollister

Greenwashing Legislation Trends: Key Takeaways For Businesses

Worldwide Commercial

RG

Ropes & Gray LLP

Strengthening Your Hiring Process (Video)

United States Law Practice

OK

Offit Kurman

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

From Conflict To Clarity: Why The ADR Experience Matters In Successful Resolution

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

J

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

J

JAMS

The Changes To The English Arbitration Regime: What Parties To International Construction Disputes Need To Know

United States Litigation

J

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

J

JAMS

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

Disclosure & Electronic Discovery & Privilege

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a "business purpose."

United States Litigation

FL

Foley & Lardner

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

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

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Arbitration & Dispute Resolution

SEC Issues Policy Statement On Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) issued a policy statement clarifying that its decision whether to accelerate the effectiveness of a registration statement...

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

State Supreme Court Year In Review: Key Decisions From Summer 2024 To Summer 2025

In the past year, the California Supreme Court has reshaped arbitration, contract liability, corporate governance and administrative law in ways that demand close attention from litigators and general counsel navigating commercial disputes and transactions.

United States Commercial

SJ

Steptoe LLP

The Clause That Can Cost The Most If You Get It Wrong

The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause.

United States Litigation

FR

Fox Rothschild LLP

ESG In BITs (Part I): Why ESG Provisions In Recent International Investment Treaties Matter

Worldwide Environment

HH

Hughes Hubbard & Reed LLP

Securities Snapshot: 3rd Quarter 2025

United States Commercial

KM

Keating, Meuthing & Klekamp

Eleventh Circuit Skeptical Of Arbitration Provision Validity In ESOP Conflict

United States Employment

HB

Hall Benefits Law

Energy Charter Treaty 2.0 – Changes As Of 3 September 2025

United States Energy

SJ

Steptoe LLP

SEC Reverses Stance, Allows Companies To Mandate Arbitration For Investor Claims

United States Commercial

BS

Ballard Spahr LLP

Are Your Electronic Agreements Enforceable?

United States Commercial

WS

Winston & Strawn LLP

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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

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Court Procedure

Filing A Motion In State Court Prior To Removal May Not Constitute Waiver

In Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, No. 23-20337, 2025 WL 2621301 (5th Cir. Sept. 11, 2025), the plaintiff law firm sued its former associate attorney in Texas...

United States Litigation

BS

Butler Snow LLP

Florida Federal Judge Dismisses President Trump's $15B Lawsuit Against The New York Times

On Monday, President Trump sued The New York Times, several authors and New York Times reporters, and Penguin Random House for defamation seeking $15 billion dollars in damages.

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

How To Handle Service Of Process Effectively (Video)

Learn the essential steps for completing service of process in legal proceedings.

United States Litigation

OK

Offit Kurman

Illinois Federal Court Dismisses Data Breach Class Action Lawsuit For Lack Of Subject-Matter Jurisdiction

United States Litigation

DM

Duane Morris LLP

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

United States Litigation

CH

Clark Hill

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

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

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Latest Videos

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The Class Action Weekly Wire – Episode 121: You're Invited! Our Year-End Review Of EEOC Litigation And Strategy (Video)

DM

Duane Morris LLP

In That Case: Kousisis v. United States And Thompson v. United States (Video)

W

WilmerHale

Webinar – On-Site Mediation Of Boundary Disputes (Video)

BB

Beresford Booth

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

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