United States: Litigation, Mediation & Arbitration

Technology-assisted review (TAR) has become one of the legal profession's most critical tools for managing discovery costs and complexity. WilmerHale's Director of eDiscovery explores essential concepts...

When an expert uses generative AI to analyze documents in litigation, do the prompts used become discoverable as part of the expert's methodology? A federal magistrate judge recently addressed this question, finding that AI prompts used to cull a document production may be subject to discovery under Rule 26(b), creating new tensions between efficiency and transparency in expert analysis.

The recent explosion of AI use has made legal analysis available to everyone. Clients and litigants who formerly had to rely on their attorneys for virtually all their legal analysis now may query an AI platform and obtain some fairly accurate information on their own.

The International Chamber of Commerce has released its revised 2026 Arbitration Rules, introducing significant procedural reforms driven by increased competition among arbitral institutions. These changes modernize core aspects of ICC procedure while preserving hallmark features like institutional scrutiny of awards and robust case management oversight, fundamentally altering how ICC cases will be conducted going forward.

If you hold a professional license in North Carolina and receive an adverse decision from a licensing board, you now have clarity from the North Carolina Supreme Court as to precisely how long you have to initiate or risk losing the right to bring your contested case.

Two federal appellate courts have reached opposite conclusions on price-fixing allegations involving AI-driven pricing software, creating a potential circuit split. The Third Circuit's reversal in Cornish-Adebiyi v. Caesars Entertainment contrasts sharply with the Ninth Circuit's dismissal in Gibson v. Cendyn Group, despite both cases involving the same algorithmic pricing technology used by competing hotels and casinos.

The International Chamber of Commerce has released its revised 2026 Arbitration Rules, introducing significant procedural reforms driven by increased competition among arbitral institutions. These changes modernize core aspects of ICC procedure while preserving hallmark features like institutional scrutiny of awards and robust case management oversight, fundamentally altering how ICC cases will be conducted going forward.

When a large number of people suffer the same or similar harm, choosing the right legal path is important as it can have a significant impact on the manner in which a case, or cases, are litigated and on the ultimate outcome for the litigants and affected parties.

If you hold a professional license in North Carolina and receive an adverse decision from a licensing board, you now have clarity from the North Carolina Supreme Court as to precisely how long you have to initiate or risk losing the right to bring your contested case.

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

Simply stated, eminent domain is the power of the government to take private property for a public use (i.e. utilities, roads, and parks). However, the property owner...

On June 29, 2026, the U.S. Supreme Court denied certiorari in two enforcement proceedings under the Foreign Sovereign Immunities Act (FSIA), leaving intact D.C. Circuit rulings that rejected sovereign immunity defenses...