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.

First Court Of Appeals Decision Broadly Applies Express Negligence Doctrine

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party...

United States Litigation

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Baker Botts LLP

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony...

United States Litigation

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Butzel Long

Announcing The Duane Morris EEOC And Government Enforcement Litigation Review – 2026!

Given the importance of compliance with workplace anti-discrimination laws for our clients, we are pleased to present the fourth annual edition of the Duane Morris EEOC And Government Enforcement Litigation Review – 2026.

United States Litigation

DM

Duane Morris LLP

2025 Mass Arbitration Year In Review

Mass arbitrations—where a plaintiffs' firm brings dozens, hundreds, or thousands of identical claims against a business—is a mechanism increasingly relied upon by the plaintiffs' bar in the past few years.

United States Litigation

SP

Squire Patton Boggs LLP

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

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Greenberg Traurig, LLP

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

Minnesota Supreme Court Expands Tolling Doctrine, Reverses Dismissal Of AG Wage Theft Lawsuit

United States Litigation

GT

Greenberg Traurig, LLP

Supreme Court Hears Arguments Regarding President Trump's Attempt To Remove Lisa Cook From The Fed Board Of Governors

United States Litigation

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Ballard Spahr LLP

The Year Ahead 2026: Scanning The Federal Litigation + Legislative Landscape (Video)

United States Litigation

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Jackson Lewis P.C.

What Was Old Is New Again: Plachta v. Plachta Restores Precedential Value To Pre-1990 Cases

United States Litigation

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Butzel Long

VIDEO – DMCAR Trend #10: California Continued Its Dominance As "Ground Zero" For Expansion Of Representative Litigation

United States Litigation

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Duane Morris LLP

Trial Evidence—Not Summary Judgment Papers—Control On Appeal

United States Litigation

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Patterson Law Firm

Federal Jury Finds For Actava TV On Malicious Prosecution And Tortious Interference Claims In Channel One Russia Worldwide Case

United States Litigation

WL

WIT Legal

Jury Psychology In High-Profile Cases: What The Luigi Mangione Case Reveals

United States Litigation

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WIT Legal

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

United States Litigation

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JAMS

December 2025 Crypto Update: New Changes And Challenges In U.S. Regulation Of Digital Assets

United States Technology

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Benesch Friedlander Coplan & Aronoff LLP

Food Venture Financing News – Weekly Issue No. 264

United States Commercial

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Davis Wright Tremaine

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

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Rotfleisch & Samulovitch P.C.

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

United States Litigation

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JAMS

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

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JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

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JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

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JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

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JAMS

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

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JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

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JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

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JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

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JAMS

Mass Tort Mediation Strategies: Managing Emotions And Understanding Key Legal Trends (Podcast)

United States Litigation

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JAMS

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

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JAMS

Disclosure & Electronic Discovery & Privilege

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

AI notetaking tools have become ubiquitous in business meetings, but they pose serious legal risks in the boardroom that most directors don't realize.

United States Technology

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Dykema

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

Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict.

United States Technology

WS

Winston & Strawn LLP

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

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

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Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

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K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

United States Court Of Appeals For The Sixth Circuit Grants Writ Of Mandamus To Preserve Privilege For Internal Investigations

United States Litigation

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Milbank LLP

U.S. Sixth Circuit Reaffirms Core Protections For Outside-counsel Investigations In FirstEnergy Win

United States Litigation

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A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

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Beresford Booth

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Arbitration & Dispute Resolution

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

As U.S. regulators confront the intersection of energy transition, emerging technology governance and large-scale infrastructure modernization, a cautionary example is emerging from Europe.

United States Litigation

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JAMS

Substantial Completion: Close, But The Case Hasn't Settled

Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach "substantial completion": A lot of ground has been covered, the issues have been narrowed and the parties' positions have moved closer.

United States Litigation

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JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision.

United States Litigation

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JAMS

Third Circuit Strikes A Blow To Yet Another Attempt To Penalize The Use Of Tracking Pixels

United States Privacy

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Squire Patton Boggs LLP

2025 Mass Arbitration Year In Review

United States Litigation

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Squire Patton Boggs LLP

The Anatomy Of An Eminent Domain Case In Washington State

United States Real Estate

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Nossaman LLP

2025 Year-In-Review: Biometric Privacy Litigation

United States Privacy

SP

Squire Patton Boggs LLP

The Year Ahead 2026: Scanning The Federal Litigation + Legislative Landscape (Video)

United States Litigation

JL

Jackson Lewis P.C.

VIDEO – DMCAR Trend #10: California Continued Its Dominance As "Ground Zero" For Expansion Of Representative Litigation

United States Litigation

DM

Duane Morris LLP

See more

Court Procedure

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony...

United States Litigation

BL

Butzel Long

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

Late last year, amendments to the Federal Rules of Civil Procedure took effect.

United States Litigation

GT

Greenberg Traurig, LLP

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

On January 20, 2026, the U.S. Supreme Court resolved a sharp divide among federal circuits on whether state law affidavit-of-merit requirements...

United States Litigation

DM

Duane Morris LLP

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

United States Litigation

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Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

PL

Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

United States Litigation

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Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

New Federal Rule Will Help Discourage Meritless Claims In Multidistrict Litigation

United States Litigation

JD

Jones Day

Orange County Team Secures Summary Judgment And Recovery Of Costs For Kia America In Hotly Contested Lemon Law Dispute

United States Litigation

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Lewis Brisbois Bisgaard & Smith LLP

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Sovereign Immunity: Public Sector Government

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

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

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

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

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

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

The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit)...

United States Litigation

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Moore & Van Allen

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

United States Litigation

IG

IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

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Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

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WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

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WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

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Latest Videos

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VIDEO – DMCAR Trend #8: Chasms Among Circuits Continued To Expand In Several Areas Crucial To Class Action Litigation

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Duane Morris LLP

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

BB

Beresford Booth

November 2025 Seventh Circuit Roundup: Key Decisions On Implied Rights, Personal Jurisdiction, And Section 1983 (Podcast)

BT

Barnes & Thornburg LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

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