Worldwide: 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
Ninth Circuit Again Applies Effective Vindication Doctrine In Finding ERISA Plan Arbitration Clause Unenforceable
The Ninth Circuit Court of Appeals has once again invoked the effective vindication doctrine to strike down an ERISA plan arbitration clause, ruling that provisions preventing representative actions and plan-wide relief violate participants' substantive rights under federal law. This decision adds to a growing body of federal appellate precedent challenging the enforceability of arbitration clauses in 401(k) plans, raising critical questions about how plan sponsors should structure dispute resolution mechan
United States Litigation
MB
Mayer Brown
Article
Your Contractor Has Insurance. That Doesn’t Mean You’re Covered.
Logging contractors face significant insurance gaps that can leave hiring companies exposed to wildfire suppression costs, timber trespass, and equipment damage. Understanding the difference between certificates of insurance, endorsements, and actual policy coverage is critical before work begins in the forest. This analysis examines the specific coverage issues that arise in forestry operations and provides practical guidance for aligning contracts, insurance documents, and operational risk.
United States Litigation
FL
Fennemore
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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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Article
Ninth Circuit Again Applies Effective Vindication Doctrine In Finding ERISA Plan Arbitration Clause Unenforceable
The Ninth Circuit Court of Appeals has once again invoked the effective vindication doctrine to strike down an ERISA plan arbitration clause, ruling that provisions preventing representative actions and plan-wide relief violate participants' substantive rights under federal law. This decision adds to a growing body of federal appellate precedent challenging the enforceability of arbitration clauses in 401(k) plans, raising critical questions about how plan sponsors should structure dispute resolution mechan
United States Litigation
MB
Mayer Brown
Article
Seventh Circuit Finds For Indiana Employer’s Vacation Buy-In Program, Clarifies CAFA Home-State Exception Remand Timing
The Seventh Circuit's decision in Creason v. Elanco addresses whether an employer's voluntary vacation buy program constitutes an unlawful wage assignment under Indiana law, and whether unused COVID-19 rollover vacation hours must be paid out upon termination. The court examined the distinction between compensation agreements and wage assignments, while also clarifying procedural requirements under the Class Action Fairness Act's home-state exception.
United States Employment
JL
Jackson Lewis P.C.
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Article
Critical Element Missing From Pixel Tracking Lawsuit
A Florida federal judge denied class certification and dismissed a pixel tracking lawsuit against an online veterinary pharmacy, ruling that plaintiffs lacked Article III standing because they had no privacy interest in the information collected. The decision provides important insights for e-commerce companies navigating the complex landscape of third-party pixel tracking technology and federal and state wiretapping laws.
United States Privacy
KM
Klein Moynihan Turco LLP
Article
Litigation Minute: Seventh Circuit Rules That Text Messages Are Not "Telephone Calls" Under the TCPA—What To Know and What Comes Next
The Seventh Circuit's landmark decision in Steidinger v. Blackstone Med. Servs. fundamentally challenges whether text messages constitute "telephone calls" under the TCPA's Section 227(c)(5), potentially eliminating private rights of action for unwanted marketing texts across Illinois, Indiana, and Wisconsin. This ruling creates a significant circuit split with the Ninth, First, Second, and Eleventh Circuits, raising questions about nationwide SMS marketing compliance strategies and the likelihood of Suprem
United States Litigation
KG
K&L Gates LLP
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