United States: Litigation, Mediation & Arbitration

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant's written exchanges with a public generative...

As generative AI (GenAI) tools become embedded in legal and business workflows, courts are grappling with questions regarding how attorney-client privilege and the work-product doctrine apply to GenAI data...

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials.

Following the U.S. Supreme Court's decision invalidating the IEEPA tariffs, attention is now shifting from whether the tariffs were lawful to how companies can actually recover the billions of dollars at stake.

IP licensing, distribution and collaboration agreements are widely used to scale business, reach new markets and build commercial ecosystems...

In a recent webinar entitled "Spreading the Risk and Avoiding Killer Contract Clauses," Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals...

The case is a clear warning of the limits of privilege when using generative AI tools

The Texas Supreme Court may be re-writing summary judgments in Texas.

The United States Supreme Court has decided that affidavit-of-merit requirements based in state law do not apply in federal courts.

Today, the Supreme Court held in a unanimous decision that federal government contractors cannot seek immediate appellate...

Asset tracing has evolved into a highly specialized, global discipline that blends investigative rigor, legal strategy, financial analysis, and creative problem-solving. Today's complex financial landscape, characterized by offshore structures, digital infrastructure, cross-border holdings, and increasingly sophisticated concealment techniques, requires an approach that is both methodical and adaptable.

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