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.

Federal Court Moonwalks Over West Virginia's Daniel's Law

While the United States Court of Appeals for the Third Circuit ("Third Circuit") weighs the constitutionality of New Jersey State's Daniel's Law, a West Virginia federal court recently opined on the constitutionality of its own Daniel's Law.

United States Litigation

KM

Klein Moynihan Turco LLP

Supreme Court Paves Way For Terminations Of NIH Grants Based On DEI

On August 21, 2025, the Supreme Court of the United States granted the Trump administration's request to lift a stay blocking the National Institutes of Health (NIH) from terminating more than $780 million...

United States Litigation

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Ninth Circuit Affirms Dismissal Of Putative Class Action Against Pharmaceutical Company For Failure To Adequately Allege Falsity And Scienter

On August 20, 2025, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934...

United States Litigation

AO

A&O Shearman

Class Action Litigation Newsletter | Summer 2025

This GT Newsletter summarizes recent class-action decisions from across the United States.

United States Litigation

GT

Greenberg Traurig, LLP

Third Circuit Reinstates Class Action Against Reinsurance Company, With Instructions To Allow Additional Discovery

United States Litigation

AO

A&O Shearman

Unfair Competition Defense Podcast Episode 17: Public Nuisance Claims (Podcast)

United States Litigation

GT

Greenberg Traurig, LLP

The Best Qualities Of Outside Litigation Counsel

United States Litigation

BB

Beresford Booth

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

United States Litigation

BB

Beresford Booth

Business Divorce Litigation: A Brief Overview

United States Litigation

BB

Beresford Booth

Importance Of Mystery Shopping In Litigation

United States Litigation

AC

Ankura Consulting Group LLC

Flag!: The Second Circuit Drops A Penalty On The NFL's Arbitration Procedures

United States Litigation

RP

Reavis Page Jump LLP

Inside JAMS International With Sherman Humphrey And Bob Davidson (Podcast)

United States Litigation

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Bracewell

The Class Action Weekly Wire – Episode 115: Ninth Circuit Strikes Arbitration Clause In Employee Health Plan (Video)

United States Litigation

DM

Duane Morris LLP

4th Circuit Holds Exposure To Contaminants Is A Sufficient Injury In Some Medical Monitoring Cases

United States Litigation

LS

Lowenstein Sandler

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

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JAMS

Trump Administration Passes The One Big Beautiful Bill Act

United States Tax

FL

Foley & Lardner

From Copyright Case To AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies' Data Governance And EDiscovery Strategy

United States Technology

NM

Nelson Mullins Riley & Scarborough LLP

USCIS Reaches Fiscal Year 2026 H-1B Cap

United States Immigration

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Green and Spiegel

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

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JAMS

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

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JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

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JAMS

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

United States Litigation

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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

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JAMS

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

J

JAMS

California's Global Rise: Insights From International Arbitration Week

United States Litigation

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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

Class Action Litigation Newsletter | Summer 2025

This GT Newsletter summarizes recent class-action decisions from across the United States.

United States Litigation

GT

Greenberg Traurig, LLP

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

In this webinar, Attorney Todd J. Cook discusses "On-Site Mediation of Boundary Disputes."

United States Litigation

BB

Beresford Booth

California Employers Granted Slight Reprieve From Onerous Arbitration Fee Payment Requirements

On 11 August 2025, California employers scored some relief from a rigidly applied arbitration statute with the California Supreme Court's highly anticipated decision in Hohenshelt v. Superior Court (Hohenshelt).

United States Employment

KG

K&L Gates LLP

Flag!: The Second Circuit Drops A Penalty On The NFL's Arbitration Procedures

United States Litigation

RP

Reavis Page Jump LLP

Inside JAMS International With Sherman Humphrey And Bob Davidson (Podcast)

United States Litigation

B

Bracewell

The Class Action Weekly Wire – Episode 115: Ninth Circuit Strikes Arbitration Clause In Employee Health Plan (Video)

United States Litigation

DM

Duane Morris LLP

Today's Podcast Episode: Do Arbitrators Follow The Law? A New Study Provides Data, But The Debate Continues

United States Finance

BS

Ballard Spahr LLP

Do Arbitrators Follow The Law? A New Study Provides Data, But The Debate Continues (Podcast)

United States Finance

BS

Ballard Spahr LLP

Second Circuit Rules That The NFL Arbitration Of Race Discrimination Claims Because Arbitration Process Provides Arbitration "In Name Only"

United States Litigation

DM

Duane Morris 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

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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

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

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

United States Litigation

CH

Clark Hill

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

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign 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

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

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

Decision Alert: Supreme Court Affirms Rule 60(b)'s High Bar To Reopen Final Judgments

United States Litigation

D

Dykema

Voir Dire On Damages In California: Not Just Permitted – It Is Mandatory

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Article 15-6 Investigations: Should You Talk To The Investigator Without An Attorney Present?

United States Litigation

TR

Tully Rinckey

Federal Court Issues Order Granting Universal Injunction To A Provisionally Certified Class In New Birthright Citizenship Lawsuit

United States Finance

BS

Ballard Spahr LLP

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Latest Videos

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

BB

Beresford Booth

House Oversight Committee Issues Subpoenas For Epstein Files (Video)

JW

Jones Walker

Contract Disputes: Arbitration vs. Costly Litigation (Video)

C

Crowley Law LLC

The Journey Of Litigation (Video)

OK

Offit Kurman

The Class Action Weekly Wire – Episode 111: California Court Greenlights "Headless" PAGA Suit (Video)

DM

Duane Morris LLP

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