United States: Litigation, Mediation & Arbitration

As generative AI becomes increasingly integrated into litigation workflows, courts are grappling with how these tools should be used with confidential discovery materials. A recent Colorado district court decision examines the balance between enabling AI-assisted legal work and protecting sensitive information, distinguishing between consumer-grade platforms and enterprise tools with robust safeguards.

On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.

The State of Texas signed a ten-year lease for office space. When the State later terminated the lease and stopped paying rent, the landlord sued for breach of contract. In an ordinary commercial dispute, that would be an obvious claim. But in State v. Broadmoor Austin Associates,[1] the Fifteenth Court of Appeals held that sovereign immunity barred it.