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.

Threatened Termination Fees Push Commercial Contract Dispute Into Chapter 93A Territory

On March 25, 2026, in Thrive Operations, LLC v. Gecko Robotics, Inc., the Massachusetts Superior Court denied Thrive’s motion to dismiss Gecko’s counterclaims...

United States Litigation

GT

Greenberg Traurig, LLP

Is An Unrecorded Document Called A "Survivorship Deed" That Predates New York's Transfer-On-Death Deed Legislation Enforceable?

In 2024, the New York Legislature enacted Real Property Law ("RPL") § 424, which codified New York's public policy in favor of transfer-on-death deeds...

United States Litigation

FF

Farrell Fritz, P.C.

Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

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

United States Litigation

SJ

Steptoe LLP

The Jury Is The Audience (Podcast)

In the United States, a trial by jury is a familiar cornerstone of the justice process. In Uzbekistan, however, trials unfold in a different way.

United States Litigation

HK

Holland & Knight

Focus On Torts – Winter 2026

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Supreme Court Of Texas Statistics For 2025

United States Litigation

CT

Cowles & Thompson, PC

You Won In Court! But That Doesn't Mean Your Fees Get Paid

United States Litigation

BB

Beresford Booth

What's In A Name?: Courts Refuse To Stretch Product Names Into Promises

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

BIPA Cases: 7th Circuit Rules Change To Illinois Law's Damages Provision Retroactively Limits Defendant Exposure

United States Litigation

JL

Jackson Lewis P.C.

Liquidated Damages Or Unenforceable Penalty?

Worldwide Litigation

FF

Farrell Fritz, P.C.

Spousal Privilege: 'Til Litigation Do Us Part

United States Litigation

DW

Dickinson Wright PLLC

New York Federal Court Recommends Denial Of Class Certification In Gender Pay Discrimination Suit Against Bloomberg

United States Litigation

DM

Duane Morris LLP

Washington Courts Clear The Way For Class Actions Over Misleading Email Subject Lines

United States Litigation

FB

FBT Gibbons

“A Matter Of Consent” – Ninth Circuit Finds Non-Mutual Offensive Collateral Estoppel Inappropriate In Invalidating Individual Arbitration Agreements Under The Federal Arbitration Act

United States Litigation

DM

Duane Morris LLP

Littler Lounge: Just Cause For A Chat About Corrective Actions (Podcast)

United States Employment

LM

Littler Mendelson

Sanctions Update: March 9, 2026

Worldwide International

SJ

Steptoe LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

New York District Court Affirms Narrow Scope Of "Public Policy Exception" In Chapter 15 Cases

United States Insolvency

JD

Jones Day

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

United States Litigation

J

JAMS

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Litigation Dispute Resolution

Highlighted Content

Who Picks the Arbitrator — You Or The Algorithm?

United States Litigation

J

JAMS

Minimizing Construction Delays In Domestic And International Arbitration

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

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

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

Putting The "AI" In Waiver Of Privilege

AI technology has seen explosive growth in the last few years. It has grown from a set of awkward but sometimes entertaining tools into a multi-billion-dollar industry that people...

United States Technology

WG

Watson Goepel LLP

AI And Privilege: Lessons From A Recent Federal Court Decision

Generative AI tools are great for brainstorming, organizing thoughts, and sharpening ideas. But what happens when you disclose legal advice or strategy to an AI platform?

United States Technology

DL

Davis+Gilbert LLP

Questions To AI Models May Be Discoverable

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant's written exchanges with a public generative...

United States Technology

KG

K&L Gates LLP

Litigation Minute: Generative AI Data, Attorney-Client Privilege, And The Work-Product Doctrine

United States Litigation

KG

K&L Gates LLP

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

United States Litigation

BD

Beveridge & Diamond

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

United States Litigation

M

Mintz

The Rise of AI Agents: The Next Big Thing in eDiscovery

United States Litigation

AM

Alvarez & Marsal

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

United States Technology

D

Dykema

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

United States Technology

WS

Winston & Strawn LLP

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Arbitration & Dispute Resolution

Threatened Termination Fees Push Commercial Contract Dispute Into Chapter 93A Territory

On March 25, 2026, in Thrive Operations, LLC v. Gecko Robotics, Inc., the Massachusetts Superior Court denied Thrive’s motion to dismiss Gecko’s counterclaims...

United States Litigation

GT

Greenberg Traurig, LLP

Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

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

United States Litigation

SJ

Steptoe LLP

Focus On Torts – Winter 2026

Our automobile product liability team, including Rich Schoenberger, Andrew McDevitt, Matthew Davis and Ian Head obtained a $26,300,000 jury verdict in Orange County Superior Court in September for a 26-year-old Utah man who was paralyzed when a Yamaha YXZ1000R rolled over.

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Liquidated Damages Or Unenforceable Penalty?

Worldwide Litigation

FF

Farrell Fritz, P.C.

“A Matter Of Consent” – Ninth Circuit Finds Non-Mutual Offensive Collateral Estoppel Inappropriate In Invalidating Individual Arbitration Agreements Under The Federal Arbitration Act

United States Litigation

DM

Duane Morris LLP

Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

Worldwide Litigation

W

WilmerHale

Butzel Prevails In Long‑Running Michigan Eavesdropping Statute Litigation

United States Litigation

BL

Butzel Long

Federal Court Denies Arbitration After Defendant’s Extensive Litigation Participation

United States Litigation

D

Dechert

Supply Chain Pricing Disputes: Managing Pricing Pressures And Avoiding Early Escalation

United States Litigation

FL

Foley & Lardner

See more

Court Procedure

Threatened Termination Fees Push Commercial Contract Dispute Into Chapter 93A Territory

On March 25, 2026, in Thrive Operations, LLC v. Gecko Robotics, Inc., the Massachusetts Superior Court denied Thrive’s motion to dismiss Gecko’s counterclaims...

United States Litigation

GT

Greenberg Traurig, LLP

Decision Limiting OSHA’s Jurisdiction Over Rail-Related Operations Remains Standing After 8th Circuit Denies Rehearing Petition

The Federal Railroad Administration preempts OSHA’s jurisdiction over working conditions on top of railcars in the Eighth Circuit.

United States Transport

B

BakerHostetler

Tenth Circuit Grants Rehearing En Banc In Colorado Opt-Out Litigation

Earlier today, the Tenth Circuit entered an Order which granted the Petition for Rehearing En Banc filed by the plaintiff bank trade associations in the Colorado opt-out litigation...

United States Litigation

BS

Ballard Spahr LLP

A Refresher On The Condemnation Litigation Process For Utilities

United States Real Estate

N

Nossaman LLP

Poured Out: Sixth Circuit Overturns NLRB Order, Signaling Cracks In Cemex

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

S.C. Ethics Opinion 25-02 Signals Growing Opposition To Alternative Business Structures

United States Litigation

HK

Holland & Knight

Conducting High-profile, Sensitive Internal Investigations: What Credibility Really Requires

United States Litigation

LS

Lowenstein Sandler

Fifth Circuit Vacates FTC’s Cease-and-Desist Order Against Intuit, Holding Internal Adjudication Of Deceptive Advertising Claims Unconstitutional

United States Media & IT

KD

Kelley Drye & Warren LLP

Dine In Or Takeout? The Supreme Court Sets The Table For Attorney-Client Meetings Mid-Testimony In Criminal Trials

United States Litigation

BT

Barnes & Thornburg LLP

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Sovereign Immunity: Public Sector Government

Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

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

United States Litigation

SJ

Steptoe LLP

Three Point Shot - March 2026

Can a workout method be protected as choreography under federal copyright law? The Ninth Circuit recently said no.

United States IP

PR

Proskauer Rose LLP

Second Circuit Vacates $16.1 Billion Judgment In Long‑Running Litigation Against Argentina: Practical Takeaways For U.S. Sovereign Litigation And Enforcement Strategy

On March 27, 2026, the U.S. Court of Appeals for the Second Circuit in Petersen Energía Inversora S.A.U. v. Argentine Republic1 reversed the U.S.

Worldwide Litigation

W

WilmerHale

US Supreme Court Clarifies "Arm-of-the-State" Doctrine—NJ Transit Not Immune

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Asia Pacific 2025 Anti-Corruption Rankings: Transparency International's CPI

Worldwide Criminal

SJ

Steptoe LLP

Qualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. Linton

United States Litigation

PC

Pender & Coward

PETA’s Monkey Speech Claim Fails

United States Litigation

DM

Duane Morris LLP

Enforcement Of Foreign Arbitral Awards In The Post-NextEra Era

United States Litigation

W

WilmerHale

Structure Over Labels: Supreme Court Rejects NJ Transit's Sovereign Immunity Claim

United States Litigation

GB

Genova Burns

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Latest Videos

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Consumer Counterpoint: Episode 13 – Federal Wiretap Act (Video)

SS

Seyfarth Shaw LLP

Major Changes To Third-Party Practice: An Overview Of New York's AVOID Act (Video)

BS

Bond, Schoeneck & King PLLC

The Class Action Weekly Wire – Episode 139: Key Developments In FCRA, FACTA, And FDCPA Class Actions (Video)

DM

Duane Morris LLP

Invest Early. Win Later. (Video)

AP

Arnold & Porter

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

BB

Beresford Booth

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