Worldwide: Arbitration & Dispute Resolution

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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
Court Bars Employer From Distributing Arbitration Agreement To Settlement Class Members During Pendency Of Class Settlement
A federal magistrate judge blocked an employer from distributing a dispute resolution agreement with a class action waiver to settlement class members between preliminary and final approval stages. The court found that despite the agreement's non-coercive language, the timing created unacceptable risks of confusion that could interfere with class members' settlement rights.
United States Litigation
DM
Duane Morris LLP
Article
A Case For Drafting Patent Claims On Production Methods
Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.
United States IP
M
Mintz
Article
Mining, Indigenous Consultation Rights, And Investment Treaty Protection
Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.
Worldwide International
CM
Crowell & Moring LLP
Article
PTAB Reaffirms Broad’s Priority In CRISPR-Cas9 Interference
The Patent Trial and Appeal Board has reaffirmed the Broad Institute's priority over the University of California in a high-stakes patent interference dispute involving CRISPR-Cas9 technology for eukaryotic cells. Following a Federal Circuit remand, the Board applied first-to-invent principles to determine which party successfully demonstrated conception and reduction to practice of this groundbreaking gene-editing system.
United States IP
LD
Lerner David
Article
Federal Court Draws A Procedural Line In The Battle Over NIL Enforcement
A federal court has ruled on the scope of enforcement authority under the House settlement's NIL framework, determining that multimedia rights companies and third-party brand sponsors cannot be categorically excluded from oversight. The decision preserves case-by-case analysis while affirming judicial review of the College Sports Commission's investigative practices, setting the stage for ongoing disputes over how NIL arrangements are regulated in college athletics.
United States Litigation
S
Steptoe LLP
Podcast
Today’s Podcast Episode: Cantero II: Circuit Split And OCC Preemption Determination Set Up Likely Supreme Court Review
The Second Circuit's decision upholding preemption of New York's mortgage escrow-interest law conflicts with First and Ninth Circuit rulings, while the OCC has issued regulations siding with the Second Circuit. With certiorari petitions pending and ten states now challenging the OCC's authority, the stage is set for a Supreme Court showdown over the scope of national bank preemption and state consumer financial law authority.
United States Litigation
BS
Ballard Spahr LLP
Article
Tri-Agency Guidance Addresses Requirements For Tobacco Surcharge Programs
The US Departments of Labor, Health and Human Services, and Treasury have issued new guidance clarifying that health-contingent wellness programs, including tobacco surcharge programs, are not required to provide retroactive reimbursement when participants satisfy reasonable alternative standards mid-year. This guidance addresses a critical issue at the heart of numerous ongoing ERISA class action lawsuits and provides plan sponsors with enforcement discretion relief while clarifying disclosure requirements
United States Employment
MB
Mayer Brown
Article
Restoring DMEPOS Medicare Billing Privileges: Challenging Revocations, Reactivation Dates And Enrollment Determinations
When Medicare revokes or deactivates a Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) supplier’s billing privileges, getting the supplier back into the Medicare program may be only part of the battle. The effective date of the supplier’s restored billing privileges can be just as important because a gap in Medicare enrollment may prevent the supplier from receiving reimbursement for items and services furnished during the disputed period.
United States Healthcare
BI
Buchanan Ingersoll & Rooney PC
Article
G 1/25: Enlarged Board Of Appeal Rules On Amendment Of The Description
The Enlarged Board of Appeal has issued a landmark decision in case G 1/25 addressing whether European patent descriptions must be amended to align with claim amendments during prosecution and opposition proceedings. This decision establishes a new two-part test for determining when description adaptation is required, potentially relaxing the EPO's historically strict approach to formal concordance between claims and descriptions.
United States IP
JA
J A Kemp LLP
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