United States: Litigation, Mediation & Arbitration

Two courts recently addressed whether AI prompts and conversations used in litigation preparation are discoverable, with both the Texas Business Court and New York Supreme Court...

The Texas Business Court has weighed in on a critical question facing modern litigation: can conversations with AI tools like ChatGPT be shielded from discovery? In a June 2026 ruling,...

Corporate chat platforms like Slack have become critical repositories of discoverable information in litigation, yet collecting this collaborative data presents unique technical challenges that differ significantly from traditional email preservation.

Whether you're representing a plaintiff, defendant, business owner or insurer, thoughtful preparation can significantly increase the likelihood of a successful outcome. The following checklist highlights 12 practical ways to get the most out of your next mediation.

Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy.

In this episode of the JAMS podcast, JAMS neutrals Hon. William E. Smith (Ret.) and Paul Garrison, Esq. explore how labor and employment disputes develop, what causes workplace disagreements to escalate and how parties can use mediation, arbitration and early intervention strategies to resolve conflict more effectively.

In Whitewater, Inc. v. Jones Lang LaSalle Americas, Inc., the District Court of Massachusetts denied defendant Jones Lang LaSalle Americas, Inc. (JLL)’s partial motion to dismiss a Chapter 93A...

In some cases, marriages end soon after they begin, prompting individuals to consider annulment as an alternative to divorce. In Washington State, a Petition for Invalidity of Marriage serves as the legal equivalent...

In a significant procedural development in the ongoing litigation over the future of the Consumer Financial Protection Bureau (“CFPB”), the en banc U.S. Court of Appeals for the District of Columbia Circuit has issued...

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.

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.