United States: Litigation, Mediation & Arbitration

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh

The Second Circuit recently ruled on the government's authority to conduct warrantless cell phone searches at border crossings, establishing that manual searches require no suspicion while leaving open critical questions about more invasive forensic examinations. This decision has significant implications for travelers carrying confidential business, legal, or personal information across U.S. borders.

A federal court recently denied class certification in a TCPA case after the plaintiff destroyed critical evidence by throwing his cell phone into the Mississippi River during litigation. The court found the plaintiff inadequate to represent the class due to this spoliation of evidence, which prevented the defendant from conducting forensic analysis and created a unique conflict of interest that other class members would not share.

In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was supposed to “run with the land,” and a subsequent purchaser was well-aware of the covenant and paid below market value because of it. Yet, the purchaser ultimately prevailed in extinguishing the covenant. The Albany County Supreme Court’s Decision, Order, and Judgment was appealed to the Appellate Division, Third Department, is fully briefed, and is awaiting oral argument.

United Healthcare and three Georgia medical providers have reached a settlement in their dispute over out-of-network reimbursement claims, ending litigation that centered on whether ERISA plan terms govern provider payments or if providers could demand higher charges. The case involved pre-No Surprises Act claims and highlighted the ongoing tension between health insurers and medical providers over payment methodologies for out-of-network services.

Mock trials offer trial teams critical insights into juror attitudes and case strategy, but choosing between online and in-person formats requires careful consideration of research goals, case complexity, and available resources. Each format presents distinct advantages: online mock trials provide cost-efficiency and broader participant access, while in-person sessions deliver courtroom realism and deeper behavioral observations.

Mock trials offer trial teams critical insights into juror attitudes and case strategy, but choosing between online and in-person formats requires careful consideration of research goals, case complexity, and available resources. Each format presents distinct advantages: online mock trials provide cost-efficiency and broader participant access, while in-person sessions deliver courtroom realism and deeper behavioral observations.

A federal district court in Illinois has weighed in on a critical circuit split over bankruptcy's automatic stay termination in serial filing cases. When debtors file bankruptcy twice within one year, does the 30-day stay termination apply only to the debtor and their property, or does it extend to the entire bankruptcy estate? The Northern District of Illinois adopted the majority view while calling the statutory language a "textual dumpster fire" in need of congressional or Supreme Court intervention.

A federal court dismissed securities fraud claims against an AI software company, ruling that plaintiffs failed to prove executives knowingly misled investors about customer churn and deal quality during a strategic repositioning. The decision examines whether generic risk disclosures create a duty to reveal materialized risks and what level of internal knowledge constitutes securities fraud.

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.

Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve

The Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.