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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.

Sandbagging In Cross-Border M&A: Clear Skies In Delaware, Still Cloudy In Canada

The pro-sandbagging ruling in In re Dura Medic Holdings provided certainty in Delaware, but in Canada, the law around sandbagging is still murky.

United States Commercial

ABA Business Law Section

Let's Start At The Very Beginning: Delaware Supreme Court Reaffirms That Consideration For Restrictive Covenants Is Measured At Contract Formation, Not Time Of Enforcement

On February 3, 2026, the Delaware Supreme Court issued a short but highly anticipated order in North American Fire Ultimate Holdings, LP v. Doorly, reversing the Chancery Court's dismissal of contract claims seeking to enforce restrictive covenants against a former senior executive.

United States Employment

SS

Seyfarth Shaw LLP

Readily Ascertainable—WilmerHale's Trade Secret Bulletin: December 2025

Welcome to WilmerHale's bulletin on recent trade secret case law and relevant news items. We've affectionately nicknamed it "Readily Ascertainable" because, unlike a trade secret, it should be easy to figure out.

United States IP

W

WilmerHale

NJ Appellate Division Finds Easement Abandoned By Its Holder's Actions

A recorded easement may be deemed abandoned under New Jersey law based on the easement holder's long-term conduct, even in the absence of a formal written release.

United States Real Estate

RD

Riker Danzig LLP

Illinois Appellate Court Requires Setoff Of High-Low Settlement Payments Even After A Defense Verdict

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

The Evolving Landscape Of Insurance Coverage For False Claims Act (FCA) Probes: Understanding The Impact Of A Delaware Court Ruling

United States Insurance

FL

Foley & Lardner

The Authority Conundrum: D.C. Circuit May Weigh In On Agent Authority Under The Foreign Sovereign Immunities Act

United States Litigation

SS

Seyfarth Shaw LLP

Supreme Court Of Kentucky Rules On When Malicious Prosecution Offense Takes Place

United States Insurance

JC

Jackson & Campbell

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

United States Litigation

BS

Butler Snow LLP

Door Not "Shut" On VPPA Claims In Second Circuit When Data Is Legible

United States Privacy

FK

Frankfurt Kurnit Klein & Selz

Sustainable Energy & Infrastructure Litigation Updates — February 2026

United States Energy

M

Mintz

What's In A Name? A $500,000.00 Secured Claim, According To The United States Bankruptcy Court For The Eastern District Of Texas

United States Insolvency

Aa

Adams and Reese

U.S. Supreme Court Poised To Address ERISA Pleading Standards For Underperformance Claims

United States Employment

BB

Baker Botts LLP

Delaware High Court Rejects Application Of D&O Policy's "Bump-Up" Exclusion To Securities Claim Settlement

United States Commercial

JD

Jones Day

December 2025 Crypto Update: New Changes And Challenges In U.S. Regulation Of Digital Assets

United States Technology

B

Benesch Friedlander Coplan & Aronoff LLP

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

The Empty Chair At Johannesburg: What It Says About US Power

United States International

SJ

Steptoe LLP

The Trump Gold Card And Proposed Trump Platinum Card: Legal, Practical, Tax, And Economic Considerations For High-Net-Worth Immigrants

United States Immigration

Gs

Green and Spiegel

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

Bakerly v. Seafrigo: A Rare Look Into The Commission's Award Of Attorneys' Fees

The Federal Maritime Commission's (FMC or Commission) recent decision on Seafrigo's petition for attorneys' fees in Bakerly, LLC v. Seafrigo USA, Inc., Dkt. No. 22‑17, offers a rare window into how the FMC...

United States Litigation

HK

Holland & Knight

District Of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision

Judge F. Dennis Saylor IV recently dismissed a plaintiff's claim under Massachusetts General Law Chapter 93A § 11 because the claim did not arise "primarily and substantially" within Massachusetts.

United States Litigation

GT

Greenberg Traurig, LLP

2025 Year In Review: FSIA, Helms-Burton, And Cross-Border Enforcement

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

United States Commercial

SJ

Steptoe LLP

The Landscape Of Contract Litigation In Washington

For small and mid-sized businesses, contracts shape nearly every relationship that matters. They govern how companies buy, sell, hire, lease, partner, and grow.

United States Commercial

BB

Beresford Booth

"No Actual Harm Required" – California Court Of Appeal Kicks Open The Door For Standing Under The ICRAA

United States Litigation

DM

Duane Morris LLP

Decision Alert: North American Fire Ultimate Holdings LP v. Doorly

United States Employment

MB

Mayer Brown

Bifurcation Of Inverse Condemnation Liability Can Be Dispositive Of Remaining Tort Claims

United States Litigation

N

Nossaman LLP

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Twinspires Suit In Michigan Could Impact Many States

United States Litigation

JW

Jones Walker

Delaware Supreme Court Reins In Moelis – On Procedure, Not Policy

United States Commercial

CW

Cadwalader, Wickersham & Taft LLP

Class Action Decisions Published December 2025

United States Litigation

SH

Shook, Hardy & Bacon

A FRIGID TALE: A Bankruptcy Court's Recent Rejection Of Defendant's Ordinary Course Of Business And Contemporaneous Exchange For New Value Preference Defenses

United States Insolvency

LS

Lowenstein Sandler

Supreme Court To Resolve Circuit Split Regarding The SEC's Authority To Seek Disgorgement

United States Commercial

BB

Baker Botts LLP

Product Liability Litigation And The 2025 Judicial Panel On Multidistrict Litigation: A Year In Review

United States Litigation

D

Dechert

Class Action Decisions Published December 2025

Numerosity Requirement for Settlements. The U.S. District Court for the Northern District of West Virginia denied a motion for final approval of a class action settlement against the City of Morgantown...

United States Litigation

SH

Shook, Hardy & Bacon

A FRIGID TALE: A Bankruptcy Court's Recent Rejection Of Defendant's Ordinary Course Of Business And Contemporaneous Exchange For New Value Preference Defenses

Creditors supplying inventory under consignment arrangements might assume that preference risk can be mitigated by the buyer's payment of an invoice for consigned goods on the same day as issuance because that transaction...

United States Insolvency

LS

Lowenstein Sandler

Supreme Court To Resolve Circuit Split Regarding The SEC's Authority To Seek Disgorgement

On January 9, 2026, the U.S. Supreme Court granted a writ of certiorari in SEC v. Sripetch, 154 F.4th 980 (9th Cir. 2025) to resolve a Circuit split concerning what the U.S. Securities and Exchange Commission must prove to secure disgorgement.

United States Commercial

BB

Baker Botts LLP

Product Liability Litigation And The 2025 Judicial Panel On Multidistrict Litigation: A Year In Review

In 2025, the JPML continued to grant a majority of the MDL petitions that it considered, including petitions involving product liability claims.

United States Litigation

D

Dechert

Delaware Court Finds A Meaningful Link Where Notice Of Circumstances And Later Claim Allege Same Underlying Conduct

United States Insurance

WR

Wiley Rein

California Supreme Court Opens The Door To Declaratory Relief In Public Records Act Claims

The Public Records Act grants the public access to records held by state and local agencies. In City of Gilroy v. Superior Court (January 15, 2026, S282937), the California Supreme Court...

United States Litigation

KM

Kronick Moskovitz Tiedemann & Girard

Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court

Courts and legislatures in many states require plaintiffs to file an expert affidavit or certificate of merit at the beginning of a malpractice case, including claims against architects, engineers...

United States Real Estate

DM

Duane Morris LLP

Supreme Court To Define 'Consumer' Under The VPPA: What's At Stake For Privacy Litigation

On January 26, the U.S. Supreme Court granted certiorari in Michael Salazar v. Paramount Global (d/b/a 247Sports), No. 25-459, to decide a threshold question...

United States Privacy

LS

Lowenstein Sandler

Supreme Court Confirms That State Affidavit-of-Merit Laws Don't Apply In Federal Court

About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers.

United States Litigation

Wa

Ward and Smith, P.A.

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

United States Litigation

SR

McDermott Will & Schulte

Global Trade Secret Update: Key Developments In 2025

United States IP

JD

Jones Day

Episode 10: Naming Firms Under Investigation In "Exceptional Circumstances" Put To The Test In Judicial Review (Podcast)

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

U.S. Supreme Court Holds MVRA Restitution Constitutes Criminal Punishment Under The Ex Post Facto Clause

United States Litigation

D

Dechert

Possession With Intent To Foreclose

United States Real Estate

CW

Cadwalader, Wickersham & Taft LLP

Court Of Appeals Reaffirms SEQRA Standing For Affected Property Owners

United States Environment

FF

Farrell Fritz, P.C.

No Room For Assumptions: Oregon Supreme Court Reinforces Strict Standard For Tort Waivers

United States Litigation

CO

Cozen O'Connor

DOJ Enforcement Branch Signals Strategic Shift In Civil Consumer And Policy Litigation

United States Consumer

MS

Miller Shah

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

United States Litigation

GB

Genova Burns

Insurance & Professional Risks: England & Wales - Annual Review 2025

European Union Insurance

KL

Herbert Smith Freehills Kramer LLP

High Court Strikes Out Illegality Defence Premised On Alleged Breaches Of US Sanctions

United States Government

KL

Herbert Smith Freehills Kramer LLP

First Court Of Appeals Decision Broadly Applies Express Negligence Doctrine

United States Litigation

BB

Baker Botts LLP

"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

AI In The Courtroom: How Proposed Rule 707 Could Shape Evidence Standards

United States Technology

SJ

Steptoe LLP

Supreme Court To Take On Definition Of "Consumer" Under VPPA

United States Privacy

BB

Baker Botts LLP

See more

Highlighted Content

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

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

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Early Mediation: Is Your Case A Likely Candidate?

United States Litigation

J

JAMS

Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

United States Litigation

J

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Latest Videos

See more

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

BT

Barnes & Thornburg LLP

LaborSpeak: NYC Council Expands Sick Leave: What Employers Need To Know (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

The Class Action Weekly Wire – Episode 126: California Federal Court Slashes $28 Million Attorneys' Fee In $150 Million Securities Fraud Class Action Settlement (Video)

DM

Duane Morris LLP

Litigating With Laser Focus (Video)

AP

Arnold & Porter

Antitrust And Competition Law: Competition Law In The Americas Episode 2 | Litigation Hot Spots: Key Trends In The USA And Mexico (Podcast)

GT

Greenberg Traurig, LLP

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