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.

Justice Kavanaugh Signals Conservative Vote Toward Imposing A Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to "[w]hether a federal court may certify a class action...

United States Litigation

KM

Katten Muchin Rosenman LLP

In Labcorp v. Davis, Supreme Court Passes On Chance To Clarify Issue Of Uninjured Class Members

The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law.

United States Litigation

BS

Ballard Spahr LLP

Supreme Court Rejects Minimum Contacts Requirement To Subject Foreign States To Suits In The U.S. Under FSIA

On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities...

Worldwide Litigation

FL

Foley & Lardner

Podcast - The Three C's For Addressing Prior Inconsistent Statements

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down a powerful cross-examination technique for challenging a witness' credibility...

United States Litigation

HK

Holland & Knight

Fifth Circuit Affirms Party's Strategic Maneuver To Compel Arbitration From Federal Court Even When Forum Clause Required Remand

United States Litigation

KM

Katten Muchin Rosenman LLP

My Daughter Was Seriously Injured By A Drunk Driver With No Assets

United States Litigation

MM

McLane Middleton, Professional Association

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon For Defendants

United States Litigation

JD

Jones Day

Is The 'Clarified' AAA Clause Registration Rule Clear Enough?

United States Litigation

BS

Ballard Spahr LLP

Part II: Being An Expert Is A Lonely Business (Podcast)

United States Litigation

HK

Holland & Knight

SCOTUS Declines To Rule On Whether District Court Can Certify A Class Containing Uninjured Members

United States Litigation

BT

Barnes & Thornburg

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Remote Possibilities: Establishing Good Cause For Virtual Depositions In The Commercial Division

United States Litigation

FF

Farrell Fritz, P.C.

The Class Action Weekly Wire – Episode 104: Key Developments In Securities Fraud Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted

United States Litigation

CM

Crowell & Moring LLP

Conflicts To Watch In 2025 Amid Global Focus On Trade War

Worldwide Government

SJ

Steptoe LLP

Discovery Special Masters And Referees: A View From Both Sides

United States Litigation

J

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

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

United States Litigation

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JAMS

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

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Highlighted Content

California's Global Rise: Insights From International Arbitration Week

United States Litigation

J

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Why Early Mediations Fail And How To Maximize Their Chances For Success

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes

United States Litigation

J

JAMS

Discovery Special Masters And Referees: A View From Both Sides

United States Litigation

J

JAMS

[PODCAST] JAMS Neutrals Discuss How Austin's Growth Is Shaping Dispute Resolution

United States Litigation

J

JAMS

AI's Double-Edged Role In Dispute Resolution

United States Litigation

J

JAMS

Avoiding Business Blunders: Tips For Entrepreneurs And Business Leaders

United States Litigation

J

JAMS

Recent Developments In The Enforcement Of ERISA Class Action Waiver And Arbitration Clauses

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

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

Government entities should be aware of a recent decision from the Massachusetts Appeals Court regarding the application of the attorney-client privilege to emails that did not include attorneys...

United States Litigation

MO

Mirick O'Connell

AI In Action: Enhancing Legal Discovery And Investigation Reviews

In the rapidly evolving landscape of legal proceedings, electronic discovery, or e-discovery, is a pivotal process for identifying, collecting, and producing electronically stored information (ESI).

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

When Your Fingers Do The Talking: D.C. Circuit Rules That Compelled Opening Of Cellphone With Fingerprint Violates The Fifth Amendment

United States Litigation

AP

Arnold & Porter

Preserving Camera Footage In Anticipation Of Litigation

United States Litigation

GT

Greenberg Traurig, LLP

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Arbitration & Dispute Resolution

10 Compelling Reasons For Employment Arbitration: Part 1

There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program.

United States Employment

CH

Clark Hill

The Fine Print Fallout: $2.25 Million Reasons Why You Should Conspicuously Disclose Your Sweepstakes Alternative Method Of Entry

Last month, Coinbase Inc., the operator of the largest U.S.-based cryptocurrency exchange platform, and Marden-Kane, its promotions marketing agency, settled a class action lawsuit...

United States Technology

MP

Manatt, Phelps & Phillips LLP

Supreme Court Rejects Minimum Contacts Requirement To Subject Foreign States To Suits In The U.S. Under FSIA

On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities...

Worldwide Litigation

FL

Foley & Lardner

House v. NCAA Settlement Approved, Changing The Landscape Of College Sports

United States Media & IT

PD

Phelps Dunbar LLP

Airbnb Data Access Rights For United States Users (Video)

United States Privacy

Traverse Legal

Hitting The Pay Dirt – Multi-Billion Dollar College Athlete NIL Settlement Receives Court Approval

United States Media & IT

MP

Manatt, Phelps & Phillips LLP

Fifth Circuit Affirms Party's Strategic Maneuver To Compel Arbitration From Federal Court Even When Forum Clause Required Remand

United States Litigation

KM

Katten Muchin Rosenman LLP

Franchise Agreement Requiring Out Of State Mediation Is Unenforceable In California

United States Commercial

FL

Foley & Lardner

A Common-Sense Fix To California's Invasion Of Privacy Act: California Legislature Considering "Business Purpose Exemption" To State's Highly Litigated Invasion Of Privacy Act

United States Privacy

SJ

Steptoe 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

Justice Kavanaugh Signals Conservative Vote Toward Imposing A Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to "[w]hether a federal court may certify a class action...

United States Litigation

KM

Katten Muchin Rosenman LLP

In Labcorp v. Davis, Supreme Court Passes On Chance To Clarify Issue Of Uninjured Class Members

The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law.

United States Litigation

BS

Ballard Spahr LLP

Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted

On June 5, 2025, the Supreme Court dismissed on procedural grounds the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873.

United States Litigation

CM

Crowell & Moring LLP

Enforcing U.S. Judgments In The Far East: Where To Start?

Worldwide Litigation

SS

Seyfarth Shaw LLP

Georgia's Tort Reform Legislation: Key Procedural Changes

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Supreme Court Hears Argument About Uninjured Class Members

United States Litigation

CM

Crowell & Moring LLP

Why Plaintiffs' Counsel Have A Right To Explore Juror Bias About Large Verdicts

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

California Supreme Court Takes Up Utility Take-Over Standard Of Review Dispute

United States Litigation

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Nossaman LLP

Supreme Court's Cornell Decision Sets Low Pleading Bar For ERISA Claims

United States Employment

AO

A&O Shearman

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Latest Videos

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Decoding Appeals, Episode 7: Leveraging Interlocutory Options (Video)

SS

Seyfarth Shaw LLP

Settlement Counsel: A Unique And Powerful Asset To Control Litigation Risk (Podcast)

CG

Certum Group

Decoding Appeals, Episode 5: Lessons Learned From Oral Arguments (Video)

SS

Seyfarth Shaw LLP

DMCAR Trend #8 – PFAS Inspires Forever Litigation (Video)

DM

Duane Morris LLP

DMCAR Trend #5 – Plaintiffs Target DEI And ESG Initiatives Prompting Roll Back (Video)

DM

Duane Morris LLP

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