Worldwide: Litigation, Mediation & Arbitration

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.

A federal judge has ruled on a discovery dispute involving patent infringement allegations, requiring an Italian company to make its accused product available for physical inspection.

The Texas Business Court has entered the growing national debate about whether conversations with AI tools like ChatGPT are discoverable, and it came down on the side of protection.

AI notetakers have become routine in virtual meetings, transforming ephemeral conversations into permanent, searchable records. As these tools quietly record, transcribe, and process discussions across borders, they activate complex regulatory frameworks spanning data protection, communications privacy, and workplace law.

On April 24, the en banc U.S. Court of Appeals for the Sixth Circuit decided Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817. By a vote of 10-7, the court ruled that an insurance dispute about the valuation of totaled cars cannot proceed as a class action.

The Seventh Circuit Court of Appeals recently affirmed summary judgment in favor of a tortilla manufacturer facing sexual harassment claims, establishing critical precedents for employer liability standards.

The latest Fashion Law Network podcast examines the ongoing antitrust class action lawsuit against Hermès, focusing on allegations that customers must purchase ancillary products before being offered the opportunity to buy an iconic Birkin handbag. Host Kasia Zebrowska-Trauben provides legal analysis of recent developments, including Hermès' appeal, and explores the implications of these tying arrangement claims.

In our recent column, The Aggrievement Requirement (NYLJ, Mar.31, 2026), we discussed the general rule that only parties—and only “aggrieved” parties—may appeal from a judgment or order.

A Washington Court of Appeals case reveals critical lessons about LLC membership rights and the dangers of delayed action.

In Peptide Tech. LLC v. Avidia Bank, a Massachusetts district court granted Avidia Bank’s motion to dismiss all five counts asserted by Peptide Tech, LLC, a Wyoming-based merchant engaged in the sale of peptides...