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.

Allegations Against Multiple Attorneys Deemed Related Acts Or Omissions Constituting A Single Claim Subject To A Misappropriation Of Client Funds Exclusion

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that the allegations against two attorneys named in a malpractice lawsuit constituted a single "claim"...

United States Litigation

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Wiley Rein

Brasília em Pauta - Edição Nº 211

O "Brasília em Pauta" é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal...

United States Litigation

MB

Mayer Brown

Making The Case For Tribal Forestry Breach Of Trust Claims

The United States Bureau of Indian Affairs has mismanaged Tribal forests in the Pacific Northwest for decades, but Tribes are fighting back.

United States Litigation

GB

Galanda Broadman

Chief Justice Allows Trump To Fire FTC Commissioner Slaughter—at Least For Now

Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause.

United States Litigation

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Ballard Spahr LLP

Florida Decision Impacts Employees' Abilities To Bypass Workers' Compensation System And Sue Employers For Mental Distress Tort Claims

United States Litigation

FL

Foley & Lardner

The Final Denver Broncos Right Of First Refusal Case (ROFR): A Masterclass In Complex Trust Litigation And Media Management

United States Litigation

FL

Fennemore

How To Choose The Right Legal Translation Vendor

United States Litigation

Morning Side

Filing Data Breach Class Actions Under Fictitious Names

United States Litigation

CH

Clark Hill

Training Repayment Agreements And The Federal Truth In Lending Act: Case Update

United States Litigation

KM

Katten Muchin Rosenman LLP

Weil's 2024 SCOTUS Term In Review

United States Litigation

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Weil, Gotshal & Manges LLP

Ninth Circuit Upholds Ruling That Termination Of TPS For Venezuelans Is Unlawful

United States Litigation

LM

Littler Mendelson

Cruz v. Tapestry: California Rejects Hidden Online Arbitration Clause

United States Litigation

HS

Harris Sliwoski

The Class Action Weekly Wire – Episode 117: Illinois Federal Courts Greenlight ECPA Claims In Adtech And Edtech Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

Motions For Reconsideration Under Eastern District Of Michigan Local Rule 7.1(h) No Longer Toll The Appeal Deadline

United States Litigation

DW

Dickinson Wright PLLC

ALERT: Key Tax Provisions Provided For In "One Big Beautiful Bill Act"

United States Employment

DP

Dilworth Paxson LLP

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

United States Litigation

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JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

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JAMS

Evolving Challenges In Employment Mediation: Managing Emotions, Shifting Strategies And Legal Trends (Podcast)

United States Employment

J

JAMS

New Montana State Income And Property Taxes For 2025 & 2026

United States Tax

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Parsons Behle & Latimer

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Related Country Guides

Litigation Dispute Resolution

Enforcement of Foreign Judgments

International Arbitration

Highlighted Content

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

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JAMS

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

J

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

J

JAMS

The Changes To The English Arbitration Regime: What Parties To International Construction Disputes Need To Know

United States Litigation

J

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

J

JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

United States Litigation

J

JAMS

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a "business purpose."

United States Litigation

FL

Foley & Lardner

Beyond The Verdict: The Essential Drive Of Post-Judgment Discovery

You've navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order.

United States Litigation

OK

Offit Kurman

DoJ Declines Prosecution Of Company That Self-Disclosed Export Control Offenses

The Justice Department announced that it will not be prosecuting Universities Space Research Association (USRA) for violations of U.S. export control laws, citing prompt self-disclosure and cooperation.

United States International

DT

Diaz Trade Law

Mass Appeals Court: Attorney-Client Privilege Applies To Town Emails, Despite Open Meeting Law Violation

United States Litigation

MO

Mirick O'Connell

AI In Action: Enhancing Legal Discovery And Investigation Reviews

United States Litigation

AC

Ankura Consulting Group LLC

Ensuring A Secure "Hold": Balancing Practicality And Privilege In Litigation Hold Notices

United States Litigation

AP

Arnold & Porter

What's Old Is New Again: Why Document Review Protocols And Custodian Interviews Still Matter In AI-Driven Ediscovery

United States Technology

AP

Arnold & Porter

How Did We Get Here? (Podcast)

United States Litigation

HK

Holland & Knight

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

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Arbitration & Dispute Resolution

Tariffs, Contracts And The Negotiation Imperative: Why The Old Playbook Won't Work

New tariffs and economic shocks are placing immense strain on business contracts and relationships.

United States International

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JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes.

United States Litigation

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JAMS

Is A Uniform Standard For Evaluating FLSA Collective Action Notice Motions On The Horizon?

The growing divergence among the U.S. Circuit Courts of Appeal—ranging from those following the lenient "two-step" framework first endorsed in Lusardi to the more rigorous evidentiary thresholds articulated by the Fifth, Sixth, and Seventh Circuits.

United States Employment

LM

Littler Mendelson

Cruz v. Tapestry: California Rejects Hidden Online Arbitration Clause

United States Litigation

HS

Harris Sliwoski

Nevada's Supreme Court Rejects General Jurisdiction Via Mallory

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

When Labels Don't Matter: No Coverage For Restitutionary Arbitration Award

United States Litigation

WR

Wiley Rein

The LCIA With Kevin Nash: The Present And The Future (Podcast)

United States Litigation

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Bracewell

10 Compelling Reasons For Employment Arbitration: Eliminating Jury Trials

United States Employment

CH

Clark Hill

Courts Rule That NFL Arbitration Clause Lacks Enforceability

United States Litigation

PD

Phelps Dunbar LLP

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European Union

The EU Commission’s New Communication On The Application Of Article 82 To Exclusionary Conduct – Compromise, Pastiche, Holding Action, Tight-Rope Walk, Exercise In International Antitrust Diplomacy

Over the past eight years, the European Commission (“Commission”) has been engaged in a programme to modernize substantive EU competition law and the structures for its enforcement.

European Union Anti-trust

MF

Morrison & Foerster LLP

Scope Of Protection Of The Community Design Right

The English Court of Appeal has now set an important precedent in Europe and provided the first authoritative guidance on the nature and scope of the Registered Community Design.

United States IP

MW

McDermott Will & Emery

Antitrust & Trade Regulation Update

Antitrust and trade regulation updates from the European Union, Around the World and the United States

United States Anti-trust

SS

Squire, Sanders & Dempsey L.L.P.

European Commission To Pay For Botched Merger Review

United States International

MW

McDermott Will & Emery

The Abbey VAT Case: Implications for Investment Fund Outsourcing

United States Employment

PW

Pillsbury Winthrop Shaw Pittman

ShellNews.net: Royal Dutch Shell Farcical No. 2 Ranking in the 2005 "Accountability Rating" Published in FORTUNE Magazine

United States Commercial

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royaldutchshellplc.com

Electronic Waste Responsibilities Loom on the Horizon

United States Environment

FB

Farella Braun & Martel

The Encroaching Jurisdiction of the European Bankruptcy Regulation

European Union Insolvency

RS

Reed Smith

The House Of Lords Wakes Up

United States IP

MW

McDermott Will & Emery

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Court Procedure

Illinois Federal Court Dismisses Data Breach Class Action Lawsuit For Lack Of Subject-Matter Jurisdiction

On August 20, 2025, in Phelps v. Ill. Bone & Joint Inst., LLC, No. 24-CV-08555, 2025 WL 2410341 (N.D Ill. Aug. 20, 2025), Judge Martha Pacold of the U.S. District Court...

United States Litigation

DM

Duane Morris LLP

Doing The Right Thing: Playing Fair With The Involuntary Pro Se Litigant

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

United States Litigation

CH

Clark Hill

Ohio Court Ruling Highlights Judicial Discretion To Grant Or Deny American Discovery For Cross-Border Litigation

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign litigation.

United States Litigation

TS

Taft Stettinius & Hollister

Beware Of Discovery: Eleventh Circuit Changes Course On Whether Discovery Material Counts On A 9(b) Motion

United States Litigation

AP

Arnold & Porter

Colorado Supreme Court Clarifies When The Duty To Preserve Evidence Begins

United States Litigation

CH

Clark Hill

U.S. Supreme Court To Consider Whether A State Malpractice Statute Applies In Federal Court

United States Litigation

DM

Duane Morris LLP

Decision Alert: Supreme Court Affirms Rule 60(b)'s High Bar To Reopen Final Judgments

United States Litigation

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Dykema

Voir Dire On Damages In California: Not Just Permitted – It Is Mandatory

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

Article 15-6 Investigations: Should You Talk To The Investigator Without An Attorney Present?

United States Litigation

TR

Tully Rinckey

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Latest Videos

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In That Case: Glossip v. Oklahoma (Video)

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WilmerHale

Webinar – On-Site Mediation Of Boundary Disputes (Video)

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Beresford Booth

Sentencing Hearing For The Killer Of Four University Of Idaho Students (Video)

JW

Jones Walker

Received A Litigation Threat? Your Essential First Steps Revealed (Video)

C

Crowley Law LLC

Quick Guide To Administrative Hearings (Video)

OK

Offit Kurman

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