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.
Article
When Arbitration Emails Go Unread: Lessons From The Ninth Circuit
The U.S. Court of Appeals for the Ninth Circuit's recent decision in Rickes v. Thermo Fisher Scientific examines whether email-based notices alone can establish mutual assent to arbitration agreements and class action waivers. The court held that merely sending emails containing arbitration terms, without evidence of actual viewing or affirmative interaction, fails to demonstrate the assent required for contract formation under California law.
United States Litigation
BS
Ballard Spahr LLP
Video
700 CASES, 145 OSCS?: Gerald Lane Has Face 145 OSCs For Failure To Prosecute His Cases And I’m A Little Stunned (Video)
Gerald Lane, one of the nation's most prolific TCPA case filers with over 700 cases in two years, has been subject to 145 orders to show cause for failing to prosecute his cases in California's Central District. A federal judge has ordered Lane to explain his case management procedures and detail every OSC he has faced, raising questions about whether the courts have been too lenient with only one $250 sanction despite the extraordinary number of warnings.
United States Litigation
Troutman Amin LLP
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Article
Who Pays When A Wire Transfer Is Hijacked? How Would NC Or SC Law Handle It?
When a business email compromise scam succeeds and funds are misdirected, determining who bears the financial loss becomes a complex legal battle. The allocation of liability depends on multiple factors including jurisdiction, payment authorization processes, bank security procedures, contract terms, and which party was realistically positioned to prevent the fraud. Understanding these legal frameworks and implementing robust verification procedures can mean the difference between recovery and permanent los
United States Criminal
Wa
Ward and Smith, P.A.
Article
When Arbitration Emails Go Unread: Lessons From The Ninth Circuit
The U.S. Court of Appeals for the Ninth Circuit's recent decision in Rickes v. Thermo Fisher Scientific examines whether email-based notices alone can establish mutual assent to arbitration agreements and class action waivers. The court held that merely sending emails containing arbitration terms, without evidence of actual viewing or affirmative interaction, fails to demonstrate the assent required for contract formation under California law.
United States Litigation
BS
Ballard Spahr LLP
See more
Video
700 CASES, 145 OSCS?: Gerald Lane Has Face 145 OSCs For Failure To Prosecute His Cases And I’m A Little Stunned (Video)
Gerald Lane, one of the nation's most prolific TCPA case filers with over 700 cases in two years, has been subject to 145 orders to show cause for failing to prosecute his cases in California's Central District. A federal judge has ordered Lane to explain his case management procedures and detail every OSC he has faced, raising questions about whether the courts have been too lenient with only one $250 sanction despite the extraordinary number of warnings.
United States Litigation
Troutman Amin LLP
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Curated
Foreign Sovereign Immunity In International Construction
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.
United States Litigation
J
JAMS
Article
A Defining Supreme Court Term For Arbitration Enforcement And Helms-Burton Claims
The Supreme Court's 2025-2026 term delivered landmark rulings that reshape the landscape for arbitration enforcement and Helms-Burton Act claims. From clarifying federal courts' continuing jurisdiction over arbitration proceedings to expanding liability under Title III, these decisions favor award-creditors and claimholders while leaving critical sovereign immunity questions unresolved through strategic cert denials.
United States Litigation
SJ
Steptoe LLP
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