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.
Article
YOU MOVED? WELL, YOUR LAW DID NOT: Article III Standing Limits Survive Venue Shifts In Consumer Tracking Litigation
A federal court in New York dismissed a California consumer tracking class action on standing grounds after the case was transferred from the Northern District of California, finding that device identifiers, email addresses, and even Venmo transaction data failed to establish concrete injury under Second Circuit precedent. The ruling demonstrates how venue transfer can fundamentally alter the legal landscape of privacy litigation, as the court applied stricter Second Circuit standing requirements rather tha
United States Litigation
Troutman Amin LLP
Article
Seeking To Recuse A Judge Is Risky, But At Times, It’s A Risk That Must Be Taken
Judicial recusal in Texas litigation presents a high-stakes dilemma for parties questioning a judge's impartiality. While successfully removing a presiding judge is rare, Texas law provides specific grounds for recusal when circumstances would cause a reasonable observer to doubt judicial neutrality, balancing the need for impartial tribunals against judges' authority to make difficult decisions.
United States Litigation
BS
Butler Snow LLP
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Civil Law

Article
Seeking To Recuse A Judge Is Risky, But At Times, It’s A Risk That Must Be Taken
Judicial recusal in Texas litigation presents a high-stakes dilemma for parties questioning a judge's impartiality. While successfully removing a presiding judge is rare, Texas law provides specific grounds for recusal when circumstances would cause a reasonable observer to doubt judicial neutrality, balancing the need for impartial tribunals against judges' authority to make difficult decisions.
United States Litigation
BS
Butler Snow LLP
Article
“A Word” About The Precedential Effect Of Older Michigan Court Of Appeals Decisions
The Michigan Court of Appeals recently clarified an important distinction in legal precedent: published decisions issued before November 1, 1990, while not mandatory under MCR 7.215(J)(1), remain binding precedential authority under stare decisis principles. This guidance addresses a common misconception among practitioners who may undervalue older published opinions compared to newer unpublished ones, when in fact the opposite is true under Michigan court rules.
United States Litigation
DW
Dickinson Wright PLLC
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Arbitration & Dispute Resolution

Article
College Sports Post-House: Where We Are In The NIL Era
One year after the landmark House v. NCAA settlement reshaped college athletics, legal and business challenges continue to emerge around Name, Image, and Likeness (NIL) compensation. From the $2.8 billion in back damages to the new $20.5 million institutional licensing cap, the framework governing student-athlete compensation raises complex questions about oversight, third-party agreements, and Title IX compliance that remain unresolved.
United States Media & IT
BT
Barnes & Thornburg LLP
Article
Eleventh Circuit Holds That the False Claim Act’s Qui Tam Provisions Do Not Violate the Appointments Clause
The Eleventh Circuit Court of Appeals has issued a pivotal ruling on whether the False Claims Act's qui tam provisions violate the Constitution's Appointments Clause, potentially reshaping the landscape for whistleblower-driven fraud enforcement. With FCA recoveries reaching record highs and the Department of Justice actively encouraging relators across multiple industries, this decision arrives at a critical juncture for federal fraud enforcement strategy. The court's analysis of whether private citizens c
United States Criminal
MB
Mayer Brown
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
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Class Actions

Article
ALPR Update: Recent Developments In ALPR Standing
A California appellate court has ruled that plaintiffs must demonstrate actual harm beyond a mere statutory violation to establish standing under the state's Automated License Plate Recognition Act. The decision in Mata v. Digital Recognition Network addresses a critical question for ALPR operators and end-users: can individuals sue solely based on subjective privacy concerns without proving concrete damages?
United States Privacy
KM
Katten Muchin Rosenman LLP
Article
AMC Faces Class Action Over Hidden ​“Convenience Fees”
A Pennsylvania moviegoer has filed a class action lawsuit against AMC Theatres, alleging the company engages in deceptive pricing practices by adding mandatory convenience fees late in the online ticket purchase process. The case highlights the growing tension between state-by-state compliance approaches and uniform pricing transparency standards, with potential implications for how companies handle fee disclosures across different jurisdictions.
United States Consumer
KD
Kelley Drye & Warren LLP
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Disclosure & Electronic Discovery & Privilege

Article
AI-generated Documents May Not Be Protected By Attorney-client Privilege
A federal judge has ruled that documents created by a client using a commercial AI tool and shared with counsel are not protected by attorney-client privilege or work product doctrine. The landmark decision raises critical questions about confidentiality expectations when clients use consumer-grade AI platforms to prepare legal materials, potentially exposing sensitive litigation strategies to discovery.
United States Litigation
GGI Global Alliance
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