Litigation Law, Mediation Law and Arbitration Law

Subscribe
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
Federal Court Enforces Forum-Selection Clause In Dealer Agreement
When a concrete equipment manufacturer terminated its Oklahoma dealer and invoked a forum-selection clause requiring litigation in Iowa, the dealer sued locally under state dealer-protection laws. The federal court's ruling on whether the forum clause could override Oklahoma's Fair Practices Act turned on subtle statutory language that distinguished it from similar laws in other states.
United States Litigation
FL
Foley & Lardner
Article
Court Evaluates AI-Related Provisions In Discovery Protective Orders
As generative AI becomes increasingly integrated into litigation workflows, courts are grappling with how these tools should be used with confidential discovery materials. A recent Colorado district court decision examines the balance between enabling AI-assisted legal work and protecting sensitive information, distinguishing between consumer-grade platforms and enterprise tools with robust safeguards.
United States Litigation
GT
Greenberg Traurig, LLP
Article
DOJ False Claims Act Enforcement Reforms On Sub-Regulatory Guidance And Qui Tam Dismissals Highlight New Defense Considerations
On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.
United States Litigation
GT
Greenberg Traurig, LLP
See more
Article
Pied-à-Terre Tax Confusion Continues: Staying The Course While Appeal Of Recent Order Is Pending
A New York Court of Claims judge has ordered substantial revisions to how New York City administers its Pied-à-Terre tax surcharge, canceling previously issued notices and shifting the burden of proof to the Department of Finance. The ruling requires individualized determinations before notices can be sent and eliminates the controversial exemption application process that had confused thousands of property owners. While the decision doesn't strike down the PAT law itself, it fundamentally restructures
United States Tax
HK
Holland & Knight
Article
Federal Circuit Holds That A Claim Covering A Scientific Impossibility Is Not Indefinite, But Is Not Enabled
The Federal Circuit affirmed a district court's invalidation of patent claims covering a communications apparatus, but shifted the legal basis from indefiniteness to enablement. The court clarified that while impossibility doesn't automatically render claims indefinite under Section 112(b), claims expressly covering inoperable embodiments fail enablement requirements under Section 112(a), as they cannot satisfy the full-scope standard established in Amgen v. Sanofi.
United States IP
AO
A&O Shearman
See more
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
See more
Article
So, You Want To Keep The House?
When a parent passes away and leaves behind the family home, inheriting that property involves more than sentiment—it requires navigating estate administration, sibling negotiations, property valuations, and potential buyouts. Understanding the legal and financial complexities of keeping an inherited house can help families avoid costly disputes and make informed decisions about whether to retain or sell the property.
United States Family
BB
Beresford Booth
Article
Federal Circuit Holds That A Claim Covering A Scientific Impossibility Is Not Indefinite, But Is Not Enabled
The Federal Circuit affirmed a district court's invalidation of patent claims covering a communications apparatus, but shifted the legal basis from indefiniteness to enablement. The court clarified that while impossibility doesn't automatically render claims indefinite under Section 112(b), claims expressly covering inoperable embodiments fail enablement requirements under Section 112(a), as they cannot satisfy the full-scope standard established in Amgen v. Sanofi.
United States IP
AO
A&O Shearman
Article
Federal Court Enforces Forum-Selection Clause In Dealer Agreement
When a concrete equipment manufacturer terminated its Oklahoma dealer and invoked a forum-selection clause requiring litigation in Iowa, the dealer sued locally under state dealer-protection laws. The federal court's ruling on whether the forum clause could override Oklahoma's Fair Practices Act turned on subtle statutory language that distinguished it from similar laws in other states.
United States Litigation
FL
Foley & Lardner
See more
Article
NO LANDLINE, NO CLAIM: Eastern District Of Missouri Finds That Cellphones Aren’t Residential For DNC Purposes
The Eastern District of Missouri has ruled that cellphones are not covered under the TCPA's Do Not Call provisions, marking a significant departure from the majority rule. Following Florida's recent similar decision, the court determined that Congress intentionally excluded cellphones from residential telephone subscriber protections, challenging decades of FCC interpretation in the post-Loper Bright era.
United States Media & IT
Troutman Amin LLP
See more