United States: Litigation, Mediation & Arbitration

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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.

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials.

United States Litigation

BD

Beveridge & Diamond

The Supreme Court (Again) Takes Up SEC Disgorgement Powers

On April 20, 2026, the Supreme Court will hear argument on an appeal from the Ninth Circuit's decision in Sripetch v. SEC.1 The case concerns the ability of the SEC, and potentially other agencies, to obtain disgorgement...

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Of Ohio Concludes That Mortgage Borrowers Do Not Need To Suffer Actual Harm To Recover Monetary Damages If Lender Fails To Timely Record Mortgage Release

An Ohio law, known as a mortgage release statute, requires a mortgage lender to record a release of the mortgage within 90 days of the mortgage being paid in full.

United States Litigation

CH

Calfee Halter & Griswold

Delaware Chancery Court Holds That Grant Of Security Interest Is A "Transfer" – Commave v. Zevra

On December 31, 2025, the Delaware Court of Chancery (the "Chancery Court") granted partial summary judgment for Commave Therapeutics SA ("Commave") against Zevra Therapeutics, Inc. ("Zevra")...

United States Litigation

MB

Mayer Brown

Summary Judgments In Texas Are About To Be Re-Written

United States Litigation

JW

Jones Walker

Singapore Aligns With England And Hong Kong On Preconditions To Arbitration

Worldwide Litigation

JD

Jones Day

Delaware Supreme Court Reverses Moelis

United States Litigation

JD

Jones Day

Webinar – Public Resources For Investigating Boundary Disputes (Video)

United States Litigation

BB

Beresford Booth

A Win For Plaintiffs And A Warning For Class Counsel: New Jersey Appellate Division Reverses Dismissal Of Class Action Consumer Fraud Claims But Bars Attorney From Dual Role

United States Litigation

DM

Duane Morris LLP

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

United States Litigation

M

Mintz

It's Not On The House — The Risks Of Ambiguity In Prediction Markets

United States Litigation

SJ

Steptoe LLP

United States Litigation

BB

Beresford Booth

Fourth Circuit Splits The Baby In Deciding That Virginia District Court Erred By Striking Class Allegations Under One Subsection Of Rule 23 But Not Another

United States Litigation

DM

Duane Morris LLP

Beyond The Verdict: Navigating Post Trial Motions

United States Litigation

SJ

Steptoe LLP

Food Venture Financing News – Weekly Issue No. 264

United States Commercial

DW

Davis Wright Tremaine

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

J

JAMS

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

United States Insolvency

BS

Ballard Spahr LLP

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

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Related Country Guides

Enforcement of Foreign Judgments

Litigation Dispute Resolution

International Arbitration

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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

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

The Mediation Timing Dilemma: Four Factors Every General Counsel Should Consider

United States Litigation

J

JAMS

New Year's Resolutions For Mediators (That Actually Change Outcomes)

United States Litigation

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JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

The X Factor In Mediation Success: Why A Consistent Client Experience (CX) Fosters Trust

United States Litigation

J

JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

Disclosure & Electronic Discovery & Privilege

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials.

United States Litigation

BD

Beveridge & Diamond

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

A new ruling from the Southern District of New York has implications for anyone using GenAI tools in connection with litigation, government investigations, or legal advice.

United States Litigation

M

Mintz

The Rise of AI Agents: The Next Big Thing in eDiscovery

Artificial intelligence (AI) is reshaping the way legal professionals are approaching processes across the board.

United States Litigation

AM

Alvarez & Marsal

One Minute Matters [Video]: Does Your AI Notetaker Waive Your Attorney-Client Privilege? (With Jeff Gifford)

United States Technology

D

Dykema

Guardrails Before Greenlights: How Gen AI Will Actually Shape E-Discovery In 2026

United States Technology

WS

Winston & Strawn LLP

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

United States Litigation

WL

Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

KG

K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

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Arbitration & Dispute Resolution

Minimizing Construction Delays In Domestic And International Arbitration

Construction arbitration—particularly in cross-border disputes—can present timing and procedural challenges that require careful planning and active management.

United States Litigation

J

JAMS

"The Rest Of The Story": A Master Class In Mediation - Using The Power Of Story To Break Impasse

In an age of entertainment news, compressed narratives and rushed judgments, the late radio broadcaster Paul Harvey offers an unexpected master class for mediators, advocates and decision-makers.

United States Litigation

J

JAMS

The Supreme Court (Again) Takes Up SEC Disgorgement Powers

On April 20, 2026, the Supreme Court will hear argument on an appeal from the Ninth Circuit's decision in Sripetch v. SEC.1 The case concerns the ability of the SEC, and potentially other agencies, to obtain disgorgement...

United States Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Warns That Confidentiality Agreements May Undermine Arbitration Agreements

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

Multifamily Trends | Winter 2026 (Video)

United States Real Estate

AM

Allen Matkins Leck Gamble Mallory & Natsis

Delaware Chancery Court Holds That Grant Of Security Interest Is A "Transfer" – Commave v. Zevra

United States Litigation

MB

Mayer Brown

Singapore Aligns With England And Hong Kong On Preconditions To Arbitration

Worldwide Litigation

JD

Jones Day

Webinar – Public Resources For Investigating Boundary Disputes (Video)

United States Litigation

BB

Beresford Booth

The State Of Employment Law: Minnesota Allows Employees To Ask Why Their Employment Was Terminated

United States Employment

BT

Barnes & Thornburg LLP

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Court Procedure

Summary Judgments In Texas Are About To Be Re-Written

The Texas Supreme Court may be re-writing summary judgments in Texas.

United States Litigation

JW

Jones Walker

Supreme Court Blocks State Affidavit-of-Merit Laws In Federal Court

The United States Supreme Court has decided that affidavit-of-merit requirements based in state law do not apply in federal courts.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Illinois Amends Power Of Attorney Law To Better Protect Third Parties From Invalid Documents

On January 1, 2025, Illinois Public Act 103-0994 took effect, amending the Illinois Power of Attorney Act to reduce risk for third parties by ensuring the powers of attorney presented...

United States Litigation

SR

McDermott Will & Schulte

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

United States Litigation

GB

Genova Burns

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

United States Litigation

BL

Butzel Long

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

GT

Greenberg Traurig, LLP

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

United States Litigation

D

Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

PL

Patterson Law Firm

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Sovereign Immunity: Public Sector Government

Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

Sovereign immunity is a complete shield from liability regularly raised by governmental agencies.

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Sovereigns In The Spotlight: Crystallex Uncertainty & Supreme Court Showdowns Ahead

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Litigation

SJ

Steptoe LLP

Transportation At SCOTUS: Arguments On NJ Transit Immunity From Lawsuits In NY And PA Will Be Heard By The U.S. Supreme Court January 14th

The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit)...

United States Litigation

MV

Moore & Van Allen

Enforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For Creditors

United States Litigation

IG

IR Global

Court Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of Michigan

United States Litigation

BL

Butzel Long

Senate Proposes New Anti-Money Laundering Legislation To Regulate Art Market

Worldwide Government

SH

Shook, Hardy & Bacon

In That Case: CC/Devas (Mauritius) Ltd. V. Antrix Corp. Ltd. (Podcast)

United States Litigation

W

WilmerHale

In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. (Video)

United States Litigation

W

WilmerHale

Making The Case For Tribal Forestry Breach Of Trust Claims

United States Litigation

GB

Galanda Broadman

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Latest Videos

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VIDEO – DMCAR Trend #6: Data Privacy Filings Continued To Grow As The Playbook Became More Refined

DM

Duane Morris LLP

Webinar – High-Stakes Litigation: Proper Preparation Prevents Poor Performance (Video)

BB

Beresford Booth

November 2025 Seventh Circuit Roundup: Key Decisions On Implied Rights, Personal Jurisdiction, And Section 1983 (Podcast)

BT

Barnes & Thornburg LLP

Inside Arbitration Podcasts: English Arbitration Developments 2025

KL

Herbert Smith Freehills Kramer LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

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