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.
Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
J
JAMS
Article
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
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Article
Guardianships In New Jersey: When A Loved One Can No Longer Manage Personal Or Financial Affairs
When a family member loses the ability to make important decisions, informal assistance may not provide the legal authority needed to act on their behalf. New Jersey guardianship proceedings offer a court-supervised process for appointing someone to manage personal care or financial affairs for incapacitated adults, including elderly individuals with dementia and young adults with developmental disabilities who have reached age 18.
United States Family
SH
Scarinci Hollenbeck LLC
Article
A Potential Gamechanger For Appeals: Sixth Circuit Revives Medicare Payment Safe Harbor
A landmark Sixth Circuit ruling establishes that Medicare providers who reasonably interpret coverage requirements and submit claims in good faith may not be required to refund payments, even when services are later deemed noncovered. This decision fundamentally changes how Medicare coverage appeals should be approached and provides new protections for providers facing post-payment reviews.
United States Healthcare
SR
McDermott Will & Schulte
Article
Could Changing One Rule Of Evidence Change The Outcome Of Child Sex Abuse Cases In New York?
New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?
United States Criminal
SH
Sanford Heisler Sharp McKnight
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Article
Congressional Letter Puts Spotlight On Unenforceable Secrecy Demands In Federal Subpoenas
Federal lawmakers have formally challenged the widespread practice of law enforcement agencies using boilerplate nondisclosure language in subpoenas to silence companies from notifying their customers. Senator Ron Wyden and Representative Pramila Jayapal argue that these demands may lack legal authority and violate First Amendment rights, calling for audits and reforms to clarify recipients' rights and curb what they describe as decades of agency overreach.
United States Government
CM
Crowell & Moring LLP
Article
AI In Expert Witness Testimony: What Litigators Need To Know About LLM Discovery Risks
Generative AI tools have quietly entered the expert witness process, and recent litigation developments show how exposed that process can become. Experts who use AI tools like ChatGPT or other LLMs to help draft reports may be creating a detailed, time-stamped record of their reasoning that opposing counsel can obtain and use to undermine the expert at deposition or trial.
United States Litigation
B
Bracewell
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Article
Could Changing One Rule Of Evidence Change The Outcome Of Child Sex Abuse Cases In New York?
New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?
United States Criminal
SH
Sanford Heisler Sharp McKnight
Article
When Can You Go To Court Before The Texas Agency Process Is Over?
When a Texas regulator takes a position with serious consequences for a business, the administrative proceeding may not be the only place to challenge it. The Texas Supreme Court's decision in Kensington Title-Nevada v. Texas Department of State Health Services clarified when businesses can bypass the full agency process and take rule disputes directly to court under Section 2001.038 of the Texas Administrative Procedure Act. This option can have significant practical implications for the cost and scope of
United States Government
BS
Butler Snow LLP
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Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
J
JAMS
Article
NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under The AIA
The Federal Circuit's decision in NCS Multistage Inc. v. Nine Energy Service, Inc. establishes that a patentee's prior commercial sale does not automatically qualify as a public disclosure under the AIA safe harbor provision. The court clarified that the critical question is whether the inventor's actions made the subject matter of the invention available to the public, not merely whether a commercial transaction occurred.
United States IP
KG
K&L Gates LLP
Article
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
See more