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.

U.S. Supreme Court Holds MVRA Restitution Constitutes Criminal Punishment Under The Ex Post Facto Clause

The United States Supreme Court unanimously held that restitution imposed under the Mandatory Victims Restitution Act of 1996 (MVRA) is "plainly"...

United States Litigation

D

Dechert

No Room For Assumptions: Oregon Supreme Court Reinforces Strict Standard For Tort Waivers

As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable.

United States Litigation

CO

Cozen O'Connor

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an "affidavit of merit" or similar document at an early stage of the case.

United States Litigation

GB

Genova Burns

How To Draft, Enforce, And Resolve Disputes Before They Disrupt Your Operations

Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect...

United States Litigation

IG

IR Global

First Court Of Appeals Decision Broadly Applies Express Negligence Doctrine

United States Litigation

BB

Baker Botts LLP

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

United States Litigation

BL

Butzel Long

Announcing The Duane Morris EEOC And Government Enforcement Litigation Review – 2026!

United States Litigation

DM

Duane Morris LLP

2025 Mass Arbitration Year In Review

United States Litigation

SP

Squire Patton Boggs LLP

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

GT

Greenberg Traurig, LLP

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Minnesota Supreme Court Expands Tolling Doctrine, Reverses Dismissal Of AG Wage Theft Lawsuit

United States Litigation

GT

Greenberg Traurig, LLP

Supreme Court Hears Arguments Regarding President Trump's Attempt To Remove Lisa Cook From The Fed Board Of Governors

United States Litigation

BS

Ballard Spahr LLP

The Year Ahead 2026: Scanning The Federal Litigation + Legislative Landscape (Video)

United States Litigation

JL

Jackson Lewis P.C.

What Was Old Is New Again: Plachta v. Plachta Restores Precedential Value To Pre-1990 Cases

United States Litigation

BL

Butzel Long

December 2025 Crypto Update: New Changes And Challenges In U.S. Regulation Of Digital Assets

United States Technology

B

Benesch Friedlander Coplan & Aronoff LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

J

JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

Food Venture Financing News – Weekly Issue No. 265

United States Healthcare

DW

Davis Wright Tremaine

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Related Country Guides

Litigation Dispute Resolution

International Arbitration

Enforcement of Foreign Judgments

Highlighted Content

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

J

JAMS

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

J

JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

United States Litigation

J

JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

One Minute Matters [Video]: Does Your AI Notetaker Waive Your Attorney-Client Privilege? (With Jeff Gifford)

AI notetaking tools have become ubiquitous in business meetings, but they pose serious legal risks in the boardroom that most directors don't realize.

United States Technology

D

Dykema

Guardrails Before Greenlights: How Gen AI Will Actually Shape E-Discovery In 2026

Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict.

United States Technology

WS

Winston & Strawn LLP

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

WL

Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

KG

K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

United States Court Of Appeals For The Sixth Circuit Grants Writ Of Mandamus To Preserve Privilege For Internal Investigations

United States Litigation

ML

Milbank LLP

U.S. Sixth Circuit Reaffirms Core Protections For Outside-counsel Investigations In FirstEnergy Win

United States Litigation

AO

A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

BB

Beresford Booth

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Arbitration & Dispute Resolution

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

As U.S. regulators confront the intersection of energy transition, emerging technology governance and large-scale infrastructure modernization, a cautionary example is emerging from Europe.

United States Litigation

J

JAMS

Substantial Completion: Close, But The Case Hasn't Settled

Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach "substantial completion": A lot of ground has been covered, the issues have been narrowed and the parties' positions have moved closer.

United States Litigation

J

JAMS

How To Draft, Enforce, And Resolve Disputes Before They Disrupt Your Operations

Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect...

United States Litigation

IG

IR Global

Third Circuit Strikes A Blow To Yet Another Attempt To Penalize The Use Of Tracking Pixels

United States Privacy

SP

Squire Patton Boggs LLP

2025 Mass Arbitration Year In Review

United States Litigation

SP

Squire Patton Boggs LLP

The Anatomy Of An Eminent Domain Case In Washington State

United States Real Estate

N

Nossaman LLP

2025 Year-In-Review: Biometric Privacy Litigation

United States Privacy

SP

Squire Patton Boggs LLP

The Year Ahead 2026: Scanning The Federal Litigation + Legislative Landscape (Video)

United States Litigation

JL

Jackson Lewis P.C.

VIDEO – DMCAR Trend #10: California Continued Its Dominance As "Ground Zero" For Expansion Of Representative Litigation

United States Litigation

DM

Duane Morris LLP

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Court Procedure

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an "affidavit of merit" or similar document at an early stage of the case.

United States Litigation

GB

Genova Burns

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony...

United States Litigation

BL

Butzel Long

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

Late last year, amendments to the Federal Rules of Civil Procedure took effect.

United States Litigation

GT

Greenberg Traurig, LLP

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

United States Litigation

D

Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

PL

Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

United States Litigation

BD

Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

New Federal Rule Will Help Discourage Meritless Claims In Multidistrict Litigation

United States Litigation

JD

Jones Day

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Sovereign Immunity: Public Sector Government

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

Sovereign immunity is a complete shield from liability regularly raised by governmental agencies.

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Sovereigns In The Spotlight: Crystallex Uncertainty & Supreme Court Showdowns Ahead

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Litigation

SJ

Steptoe LLP

Transportation At SCOTUS: Arguments On NJ Transit Immunity From Lawsuits In NY And PA Will Be Heard By The U.S. Supreme Court January 14th

The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit)...

United States Litigation

MV

Moore & Van Allen

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

United States Litigation

IG

IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

SH

Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

W

WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

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Latest Videos

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Webinar – High-Stakes Litigation: Proper Preparation Prevents Poor Performance (Video)

BB

Beresford Booth

November 2025 Seventh Circuit Roundup: Key Decisions On Implied Rights, Personal Jurisdiction, And Section 1983 (Podcast)

BT

Barnes & Thornburg LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

The Class Action Weekly Wire – Episode 128: Illinois Federal Judge Certifies Class Of 1.2 Million Amazon Alexa Users In BIPA Class Action (Video)

DM

Duane Morris LLP

Litigating With Laser Focus (Video)

AP

Arnold & Porter

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