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
Four Recent Second Circuit Decisions Make Arbitration Just Another Contract
The U.S. Court of Appeals for the Second Circuit decided four arbitration cases in 2025, each addressing a different piece of the process: agreement formation, scope, waiver, and judicial oversight of ongoing arbitration proceedings. Individually, they generated the usual case-specific commentary. But read together, they tell a bigger story: The Second Circuit is done treating arbitration agreements as a special category of contract that gets the benefit of the doubt. Going forward, they will be evaluated like any other agreement.
United States Litigation
ABA Business Law Section
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CA
Class Actions
EF
Enforcement of Foreign Judgments
LD
Litigation Dispute Resolution
IA
International Arbitration

Highlighted Content

Disclosure & Electronic Discovery & Privilege

Article
Five U.S. Court Decisions Of Note For Japanese Companies And Their Counsel: May-July 2026
Recent U.S. court decisions are reshaping the legal landscape for Japanese companies operating in America, from massive antitrust verdicts to contested tariff refunds and discovery conflicts. Five critical developments from May through July 2026 demand attention from Japanese businesses engaged in U.S. trade and litigation. Understanding these rulings is essential for managing legal risk and protecting commercial interests in the American market.
United States International
CL
Carter Ledyard & Milburn
Article
Court Declines To Give Generative AI Review Special Scrutiny, Treats It As TAR
A federal magistrate judge in California has ruled that the use of generative AI in document review is subject to the same reasonableness and proportionality standards as traditional Technology Assisted Review (TAR), establishing that courts will not impose special requirements on AI-powered review tools absent specific evidence of deficiency. The decision addresses key questions about pre-culling documents with search terms before AI review and the extent to which parties must disclose validation metrics f
United States Litigation
AP
Arnold & Porter
Article
Old Rules, New Tools: N.D. Cal. Applies Traditional TAR Principles To Generative AI Discovery
A recent Northern District of California decision provides crucial guidance on using generative AI tools in legal discovery, establishing that courts will treat AI-powered document review as a form of traditional Technology Assisted Review rather than a novel discovery category. The ruling addresses key questions about pre-filtering documents with search terms and the extent to which parties must disclose AI review metrics to opposing counsel.
United States Technology
W
WilmerHale
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Arbitration & Dispute Resolution

Article
Four Recent Second Circuit Decisions Make Arbitration Just Another Contract
The U.S. Court of Appeals for the Second Circuit decided four arbitration cases in 2025, each addressing a different piece of the process: agreement formation, scope, waiver, and judicial oversight of ongoing arbitration proceedings. Individually, they generated the usual case-specific commentary. But read together, they tell a bigger story: The Second Circuit is done treating arbitration agreements as a special category of contract that gets the benefit of the doubt. Going forward, they will be evaluated like any other agreement.
United States Litigation
ABA Business Law Section
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Court Procedure

Article
UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar In Major Post-Loper Bright Ruling
The D.C. Circuit has struck down the NLRB's successor-bar doctrine in a landmark post-Loper Bright decision, holding that the Board lacks statutory authority to prevent challenges to union representation after business acquisitions. This ruling marks a significant shift in how courts will review NLRB policy decisions without Chevron deference, potentially reshaping labor relations for successor employers. The decision raises critical questions about the future of other Board doctrines that may lack clear st
United States Employment
PR
Proskauer Rose LLP
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Sovereign Immunity: Public Sector Government

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
U.S. Supreme Court Holds Helms-Burton Act Abrogates Sovereign Immunity For Cuban State-Owned Entities
The Supreme Court's decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A. fundamentally alters the landscape for litigation under the Helms-Burton Act by eliminating sovereign immunity as a defense for Cuban state-owned entities. This ruling opens the door for U.S. nationals to pursue trafficking claims against Cuban government agencies and instrumentalities without satisfying the Foreign Sovereign Immunities Act's stringent exceptions. The decision raises critical questions about enforcement mechan
Worldwide International
JD
Jones Day
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Latest Videos

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