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.
Video
MASSIVE WIN!: Court Holds No Caller ID Requirement For SMS– Finds Free Form Opt Out Insufficient To Prevent Further Texts (Video)
A federal court in New York delivered a significant victory for TCPA defendants by dismissing a class action lawsuit that challenged text message practices. The ruling addressed critical questions about opt-out procedures, caller ID requirements for SMS messages, and whether responding affirmatively to a solicitation constitutes consent for follow-up communications.
United States Litigation
Troutman Amin LLP
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Article
Default LLC Rules Allow Any Member To Enforce Contribution Obligations, Court Of Chancery Rules
The Delaware Court of Chancery's decision in Tamer Hassanein v. NTO Fund I highlights a rarely invoked provision of the Delaware LLC Act and Delaware LP Act that could trigger unwanted litigation. This ruling emphasizes the importance of including specific prophylactic language in operating agreements to minimize future legal risks and disputes over contribution obligations.
United States Commercial
DM
Duane Morris LLP
Article
Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes
The Third Circuit recently held that when determining whether a successor liability claim belongs to a bankruptcy estate, the key question is whether the claim seeks to remedy harm suffered by all creditors collectively or a unique injury suffered by a specific creditor. The fact that creditors may be permitted to bring the claim outside of bankruptcy is not, by itself, determinative.
United States Insolvency
B
Benesch Friedlander Coplan & Aronoff LLP
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Video
MASSIVE WIN!: Court Holds No Caller ID Requirement For SMS– Finds Free Form Opt Out Insufficient To Prevent Further Texts (Video)
A federal court in New York delivered a significant victory for TCPA defendants by dismissing a class action lawsuit that challenged text message practices. The ruling addressed critical questions about opt-out procedures, caller ID requirements for SMS messages, and whether responding affirmatively to a solicitation constitutes consent for follow-up communications.
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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