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Litigation Law, Mediation Law and Arbitration Law

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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.

District Court Should Have Enforced Individualized Arbitration Agreements

A Ninth Circuit decision examines whether district courts can invalidate arbitration agreements based on prior arbitration rulings involving different parties, addressing the tension between individual arbitration proceedings and the Federal Arbitration Act's mandate to enforce arbitration agreements.

United States Litigation

PR

Proskauer Rose LLP

Governor Hochul Enacts Major Tort Reform In New York

New York Governor Kathy Hochul has signed sweeping tort reform legislation that fundamentally changes how motor vehicle accident cases will be litigated in state courts. The reforms introduce comparative fault limitations, eliminate a key category of "serious injury" claims, and cap damages for plaintiffs engaged in illegal conduct at the time of accidents. These changes promise to significantly impact settlement negotiations, summary judgment motions, and trial outcomes for defendants in thousands of cases

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Publication Of Law Over Borders Commercial Litigation Guide

London dispute resolution partners Ajay Malhotra and Natasha Johnson, together with knowledge counsel Liz Kantor and knowledge lawyer Camilla Macpherson, have authored the England and Wales chapter for the 2026 edition of the Law Over Borders Commercial Litigation Guide.

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Sixth Circuit Rejects Heightened Evidentiary Standard For Preliminary Injunctions In Trade Secret Cases: PCC Airfoils, LLC v. Daugherty

Federal district courts in the Sixth Circuit have spent years applying a heightened evidentiary burden to preliminary injunction motions in trade secret cases, requiring movants to prove every factor by clear...

United States Litigation

BL

Butzel Long

Ruocco v. Deveau Et Al. (D. Mass. 25-cv-13475).

United States Litigation

LA

Lando & Anastasi

Why Commitment Drives Resolution In Intellectual Property Mediations

United States Litigation

K

Klemchuk

Virginia Class Action Bill Vetoed By Governor

United States Litigation

BS

Ballard Spahr LLP

The Expanding Fight Over Litigation-Driven Medical Bills In Tennessee

United States Litigation

BS

Butler Snow LLP

Under Berk, Is State Court Better? Removing A Case To Federal Court May Now Cost Defendants An Early Exit Strategy.

United States Litigation

BS

Butler Snow LLP

The ICC’s 2026 Arbitration Rules: An Early Preview Of The Changes (Part 1)

United States Litigation

AP

Arnold & Porter

Sanford Heisler Sharp McKnight: Our Passion For Justice (Video)

United States Litigation

SH

Sanford Heisler Sharp McKnight

When Founders Litigate The Wrong Case: How Ego, Reputation, And Technical Defenses Can Destroy A Winnable Fraud Defense

United States Litigation

DW

Dickinson Wright PLLC

Litigation Minute: Preserving AI-Generated ESI In Anticipation Of Litigation

United States Litigation

KG

K&L Gates LLP

Nevada Supreme Court Rules IME Statute Is Unconstitutional

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Webinars

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Recorded on 27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 20 Jan 2026 | 3:00 PM

2026 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CBA In-House Lawyers

TC

CBA In-House Lawyers

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Recorded on 24 Jun 2025 | 3:00 PM

(2nd Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

Related Country Guides

Enforcement of Foreign Judgments

Litigation Dispute Resolution

International Arbitration

Highlighted Content

The Well-Prepared Attorney: Setting The Course For Mediation Success

United States Litigation

J

JAMS

Foreign Sovereign Immunity In International Construction

United States Litigation

J

JAMS

Bracketology In Mediations: How, Why And When To Use Brackets To Optimize The Potential For Settlement

United States Litigation

J

JAMS

La Emocionología Del Arbitraje Y La Mediación (Podcast)

United States Litigation

J

JAMS

The Emotionology Of Arbitration And Mediation

United States Litigation

J

JAMS

China’s New Commercial Mediation Framework: A Turning Point For Dispute Resolution

United States Litigation

J

JAMS

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

Court Procedure

First Department In Forrest Equities Draws A Sharp Line On Title Policy Coverage For Enforcement Actions And Marketability Claims

The First Department's decision in Forrest Equities LLC v. Old Republic National Title Ins. Co. clarifies critical boundaries of title insurance coverage, specifically addressing when Covered Risks 3, 5, and 6 apply to post-closing enforcement actions and marketability disputes. The court examined whether a title policy covers litigation seeking to restore a distressed property to habitability and distinguished between legal marketability of title versus economic marketability of property.

United States Real Estate

RD

Riker Danzig LLP

Bartelby The Scrivener Strikes Again

A New York Supreme Court case examines whether a typographical error in a lease termination clause should be interpreted literally or reformed based on the parties' prior course of dealing and commercial reasonableness. The dispute centered on whether "Lessee" or "Lessor" had the right to terminate an advertising space agreement when the underlying premises was sold or leased.

United States Real Estate

CW

Cadwalader, Wickersham & Taft LLP

Custody Case Evidence: How To Communicate With The Other Parent

In Virginia custody disputes, written communications between parents often become critical evidence that judges review when determining the best interests of the child. Understanding how text messages, emails, and parenting app exchanges can impact your case is essential for parents navigating custody arrangements. This analysis explores practical strategies for maintaining constructive communication that demonstrates cooperation and prioritizes your child's wellbeing throughout the legal process.

United States Family

PC

Pender & Coward

Sixth Circuit Rejects Heightened Evidentiary Standard For Preliminary Injunctions In Trade Secret Cases: PCC Airfoils, LLC v. Daugherty

United States Litigation

BL

Butzel Long

Does “Defend” Mean “Advance”? Not Necessarily, Says The Court Of Chancery

United States Commercial

PF

Pierson Ferdinand LLP

Ruocco v. Deveau Et Al. (D. Mass. 25-cv-13475).

United States Litigation

LA

Lando & Anastasi

Why Commitment Drives Resolution In Intellectual Property Mediations

United States Litigation

K

Klemchuk

Trump Nominates John Crews To Serve On NCUA Board

United States Government

BS

Ballard Spahr LLP

Virginia Class Action Bill Vetoed By Governor

United States Litigation

BS

Ballard Spahr LLP

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Professional Negligence

The Expanding Fight Over Litigation-Driven Medical Bills In Tennessee

Tennessee businesses defending personal injury claims are increasingly confronting disputes over medical damages, particularly treatment provided outside traditional health insurance systems through Letters of Protection.

United States Litigation

BS

Butler Snow LLP

Under Berk, Is State Court Better? Removing A Case To Federal Court May Now Cost Defendants An Early Exit Strategy.

The Supreme Court's decision in Berk v. Choy fundamentally altered the calculus for removing medical malpractice and professional liability cases to federal court by eliminating state affidavit-of-merit requirements. This shift transforms what was once a routine procedural decision into a strategic business choice with significant cost and timing implications.

United States Litigation

BS

Butler Snow LLP

U.S. Supreme Court Narrows Government-Contractor Defense – What Federal Construction And Infrastructure Contractors Must Know

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

United States Government

DM

Duane Morris LLP

SCOTUS Reshapes Liability For Negligence Claims For Freight Industry

United States Litigation

Aa

Adams and Reese

Is Your Company Prepared? A Checklist For Responding To Consumer Safety Complaints

United States Consumer

CM

Crowell & Moring LLP

An Update On Virginia’s Medical Malpractice Reporting Bill

United States Healthcare

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Avoiding Class Action Exposure Through Early Issue Anticipation

United States Litigation

FL

Foley & Lardner

Vanderbilt University Medical Center Faces ERISA Class Action Over Retirement Plan

United States Employment

HB

Hall Benefits Law

U.S. Supreme Court Holds Negligent-Hiring Claims Against Freight Brokers Are Not Preempted By The FAAAA

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

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Trials & Appeals & Compensation

Federal Courts Issue Diverging Rulings On The Use Of Generative AI In The Context Of Privilege, Work Product And Protective Orders

Federal courts issued four significant decisions in the first quarter of 2026 addressing the intersection of generative artificial intelligence (AI) and maintaining attorney-client privilege...

United States Technology

AG

Akin Gump Strauss Hauer & Feld LLP

Publication Of Law Over Borders Commercial Litigation Guide

London dispute resolution partners Ajay Malhotra and Natasha Johnson, together with knowledge counsel Liz Kantor and knowledge lawyer Camilla Macpherson, have authored the England and Wales chapter for the 2026 edition of the Law Over Borders Commercial Litigation Guide.

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

Bartelby The Scrivener Strikes Again

A New York Supreme Court case examines whether a typographical error in a lease termination clause should be interpreted literally or reformed based on the parties' prior course of dealing and commercial reasonableness. The dispute centered on whether "Lessee" or "Lessor" had the right to terminate an advertising space agreement when the underlying premises was sold or leased.

United States Real Estate

CW

Cadwalader, Wickersham & Taft LLP

Round Two In Cantero: New Cert Petition Seeks Supreme Court Resolution Of Mortgage Escrow Interest Circuit Split Regarding National Bank Act Preemption

United States Finance

BS

Ballard Spahr LLP

Custody Case Evidence: How To Communicate With The Other Parent

United States Family

PC

Pender & Coward

$103 Million “Thermonuclear” Age Discrimination Verdict Overturned In Los Angeles

United States Employment

PR

Proskauer Rose LLP

pH, Prosecution History Estoppel, And Patent Scope: Three Lessons From The Federal Circuit's Latest Hatch-Waxman Ruling

United States IP

CM

Crowell & Moring LLP

A Wrong In Search Of A Remedy: Promissory Estoppel

United States Commercial

FF

Farrell Fritz, P.C.

Trump Nominates John Crews To Serve On NCUA Board

United States Government

BS

Ballard Spahr LLP

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Class Actions

Virginia Class Action Bill Vetoed By Governor

On May 29, 2026, Governor Abigail Spanberger vetoed Virginia’s closely watched class action legislation, preserving Virginia’s status as one of only two states in the country (the other one being Mississippi)...

United States Litigation

BS

Ballard Spahr LLP

Tariff Refund Today, Lawsuit Tomorrow: A New Target For Consumer Class Actions

Brands eager to capitalize on potential tariff refunds should proceed cautiously, as not only will retail and wholesale customers have their hands out, but consumers will also be looking for their share.

United States International

KG

K&L Gates LLP

Announcing The New Duane Morris Higher Education Class Action Review – 2026!

Duane Morris Takeaway: We are proud to announce the release of the first-ever Higher Education Class Action Review – 2026, a comprehensive examination of the rapidly evolving world of litigation involving colleges and universities.

United States Litigation

DM

Duane Morris LLP

NCAA Settlement Sets Aside Rule Banning Student Athletes From Accepting Outside Prize Money

United States Anti-trust

WD

Wiggin & Dana

New Frontiers In PFAS Litigation: Standing, Disclosure, Function, And The Lessons Of Cavalier v. Apple

United States Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

The Hidden Ingredient Problem: PFAS Litigation And Regulation Are Reshaping The Beauty Industry

United States Consumer

CM

Crowell & Moring LLP

Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal

United States Privacy

KM

Klein Moynihan Turco LLP

Littler Lounge On Location: Executive Employer Conference – The Takeaways That Didn’t Stay In The Room (Part 1) (Podcast)

United States Employment

LM

Littler Mendelson

The Class Action Weekly Wire – Episode 148: Class Action Litigation In The Energy Industry (Podcast)

United States Litigation

DM

Duane Morris LLP

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Latest Videos

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Sanford Heisler Sharp McKnight: Our Passion For Justice (Video)

SH

Sanford Heisler Sharp McKnight

Podcast - Finding The Truth (Video)

HK

Holland & Knight

Civil Investigative Demands — What They Are, How They Work, And How To Respond (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

Invest Early. Win Later. (Video)

AP

Arnold & Porter

Upcoming Events

Beyond Borders: Cartels, Criminal Organizations & Foreign Terrorist Organizations In Latin America

United States Litigation

MB

Mayer Brown

Federal Circuit Bar Association’s 2026 Bench & Bar Conference

United States Litigation

GP

Goodwin Procter LLP

Hit Send; Hit Panic! Protecting Your Protocol In The Digital Age

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Scope Of Services: Cross-Disciplinary Perspectives For Claims Professionals

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Emory To Present At NBI Webinar On Strategic Use Of Case Law And Legal Authority

United States Litigation

TS

Taft Stettinius & Hollister

ITA Workshop And Annual Meeting

United States Litigation

FH

Foley Hoag LLP

Foreign Corrupt Practices Act And Global Anti-Corruption: 2026 Mid-Year Update

United States Litigation

W

WilmerHale

When AI Fails: Risks Of Overreliance On Artificial Intelligence In Insurance Claims And Defense Litigation

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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