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.

Podcast - There's More Than One Way To Win

In trial work, courage often means pressing forward even when the outcome is uncertain. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues his discussion of the mock case...

United States Litigation

HK

Holland & Knight

New DIFC Court Law – The Courts' Enforcement And Supportive Jurisdiction One Year On

One year has passed since Dubai Law No. 2 of 2025 (New Court Law) recalibrated the jurisdiction and powers of the Dubai International Financial Centre (DIFC) Courts.

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

S.C. Ethics Opinion 25-02 Signals Growing Opposition To Alternative Business Structures

South Carolina is the latest state to push back against Alternative Business Structures (ABS). On March 13, 2026...

United States Litigation

HK

Holland & Knight

Unprecedented Coalition Of Cultural Heritage And Architecture Groups Sue To Require Federal Review Of President Trump's Kennedy Center Plans

A coalition of eight leading cultural heritage and architectural organizations jointly represented by three law firms today filed suit in federal district court in Washington, DC seeking ...

United States Litigation

FH

Foley Hoag LLP

Court Of Appeal Finds Expert's Determination Not Manifestly In Error

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Decision Alert: Supreme Court Vacates Stay On Injunction To Block California Transgender Nondisclosure Policy

United States Litigation

D

Dykema

Qualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. Linton

United States Litigation

PC

Pender & Coward

Swiss Federal Supreme Court Grants Jordan Chiles Request For Review Of CAS Award

Worldwide Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

Villarreal v. Texas: SCOTUS Upholds Qualified Orders Prohibiting Defense Counsel From Managing Their Client’s Ongoing Testimony During Overnight Recesses

United States Litigation

AP

Arnold & Porter

Court Of Appeal Refuses Relief From Sanctions Following Breach Of Unless Order To Provide Security For Costs

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead To Successful Appeal Of Award

United States Litigation

KM

Katten Muchin Rosenman LLP

Court Holds That Government Cannot Enforce Lien In Excess Of Monthly Restitution Obligation

United States Litigation

SJ

Steptoe LLP

New York Moves To Tighten Third-Party Practice: Key Changes To CPLR 1007

United States Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

New York Litigation Shift With Signing Of AVOID Act

United States Litigation

GS

Gross Shuman P.C.

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

United States Government

W

WilmerHale

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

United States Insolvency

BS

Ballard Spahr LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Litigation Dispute Resolution

Highlighted Content

Who Picks the Arbitrator — You Or The Algorithm?

United States Litigation

J

JAMS

Minimizing Construction Delays In Domestic And International Arbitration

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

United States Litigation

J

JAMS

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

Disclosure & Electronic Discovery & Privilege

AI And Privilege: Lessons From A Recent Federal Court Decision

Generative AI tools are great for brainstorming, organizing thoughts, and sharpening ideas. But what happens when you disclose legal advice or strategy to an AI platform?

United States Technology

DL

Davis+Gilbert LLP

Questions To AI Models May Be Discoverable

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...

United States Technology

KG

K&L Gates LLP

Litigation Minute: Generative AI Data, Attorney-Client Privilege, And The Work-Product Doctrine

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...

United States Litigation

KG

K&L Gates LLP

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

United States Litigation

BD

Beveridge & Diamond

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

United States Litigation

M

Mintz

The Rise of AI Agents: The Next Big Thing in eDiscovery

United States Litigation

AM

Alvarez & Marsal

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

United States Technology

D

Dykema

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

United States Technology

WS

Winston & Strawn LLP

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

United States Litigation

WL

Withers LLP

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Arbitration & Dispute Resolution

New DIFC Court Law – The Courts' Enforcement And Supportive Jurisdiction One Year On

One year has passed since Dubai Law No. 2 of 2025 (New Court Law) recalibrated the jurisdiction and powers of the Dubai International Financial Centre (DIFC) Courts.

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

Court Of Appeal Finds Expert's Determination Not Manifestly In Error

The decision confirms that the general test for "manifest error" applies to questions of contractual interpretation whether or not they involve mathematical formulae.

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Swiss Federal Supreme Court Grants Jordan Chiles Request For Review Of CAS Award

On February 22, 2026, the closing ceremony wrapped up the 2026 Winter Olympic Games in Milano Cortina, Italy. In the legal world, however, another Olympics-related contest, coming from one of Italy's...

Worldwide Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

"The Arbitrator Exceeded Her Authority": Specific Arbitration Agreement Terms Lead To Successful Appeal Of Award

United States Litigation

KM

Katten Muchin Rosenman LLP

FRAND Quarterly: Navigating The Global SEP Landscape – March 2026

W

WilmerHale

Court Holds That Government Cannot Enforce Lien In Excess Of Monthly Restitution Obligation

United States Litigation

SJ

Steptoe LLP

Name, Image, And Likeness (NIL) Compliance Alert For Higher Education: Deal Rejections Mount As State Resistance Grows

United States Consumer

CM

Crowell & Moring LLP

The Transportation Worker Exemption: Current Legal Landscape And The Supreme Court’s Upcoming Review Of Last-Mile Delivery Drivers

United States Employment

SS

Seyfarth Shaw LLP

Fifth District Limits Cook Decision, Bolstering Enforceability Of Employment Arbitration Agreements In California

United States Employment

AF

ArentFox Schiff

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Court Procedure

S.C. Ethics Opinion 25-02 Signals Growing Opposition To Alternative Business Structures

South Carolina is the latest state to push back against Alternative Business Structures (ABS). On March 13, 2026...

United States Litigation

HK

Holland & Knight

Conducting High-profile, Sensitive Internal Investigations: What Credibility Really Requires

March 18, 2026 - In an era when internal investigations routinely unfold under intense public scrutiny, the investigative process itself can determine whether an organization emerges with credibility or deepens...

United States Litigation

LS

Lowenstein Sandler

Dine In Or Takeout? The Supreme Court Sets The Table For Attorney-Client Meetings Mid-Testimony In Criminal Trials

The U.S. Supreme Court ruling in Villarreal v. Texas adopted a content-based rule, holding that a testifying defendant's Sixth Amendment right does not include the right to discuss his ongoing testimony...

United States Litigation

BT

Barnes & Thornburg LLP

CR 60(e) Show Cause

United States Litigation

BB

Beresford Booth

New Texas Summary Judgment Rules Are Now In Effect: Expedited Action And Challenges For Litigants To Navigate

United States Litigation

KM

Katten Muchin Rosenman LLP

Texas Adopts The Uniform Interstate Depositions And Discovery Act

United States Litigation

FB

FBT Gibbons

New York Court Finds That Client Chats With Claude Are Not Privileged

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Summary Judgments In Texas Are About To Be Re-Written

United States Litigation

JW

Jones Walker

Supreme Court Blocks State Affidavit-of-Merit Laws In Federal Court

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Sovereign Immunity: Public Sector Government

Qualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. Linton

On March 23, 2026, the U.S. Supreme Court issued a per curiam decision in Zorn v. Linton, 607 U.S. __ (2026), reversing the Second Circuit and reaffirming a foundational principle of qualified immunity jurisprudence...

United States Litigation

PC

Pender & Coward

PETA’s Monkey Speech Claim Fails

As we previously reported, animal rights group, People for the Ethical Treatment of Animals (PETA), sued the National Institutes of Health and Mental Health in federal court seeking to compel the defendants...

United States Litigation

DM

Duane Morris LLP

Enforcement Of Foreign Arbitral Awards In The Post-NextEra Era

The DC Circuit Court of Appeals' August 2024 decision in NextEra Energy v. Spain1 is reshaping the enforcement landscape for arbitral awards in US courts, particularly for awards arising from intra-EU...

United States Litigation

W

WilmerHale

Structure Over Labels: Supreme Court Rejects NJ Transit's Sovereign Immunity Claim

United States Litigation

GB

Genova Burns

Supreme Court Holds That Federal Contractors Cannot Immediately Appeal Denial Of Derivative Sovereign Immunity

United States Litigation

MB

Mayer Brown

Creative Methods For Tracing Assets: A Global Perspective

United States Litigation

KI

K2 Integrity

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

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

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

United States Litigation

MV

Moore & Van Allen

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Latest Videos

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The Class Action Weekly Wire – Episode 140: Key Developments In Products Liability & Mass Torts Class Actions (Video)

DM

Duane Morris LLP

Consumer Counterpoint: Episode 13 – Federal Wiretap Act (Video)

SS

Seyfarth Shaw LLP

Major Changes To Third-Party Practice: An Overview Of New York's AVOID Act (Video)

BS

Bond, Schoeneck & King PLLC

Invest Early. Win Later. (Video)

AP

Arnold & Porter

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

BB

Beresford Booth

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