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.

The U.S. Supreme Court has issued its first-ever interpretation of the Helms-Burton Act's Title III, establishing that property confiscated by Cuba's Communist regime remains permanently "tainted" and off-limits for commercial use...

The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation.

Michael Lowry (Partner-Las Vegas) authored “Are Nevada Procedural Statutes Still Effective in Federal Courts?” appearing in the June 1, 2026, edition of Nevada Lawyer magazine.

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...

The Southern District of Texas addresses critical questions left open by the Supreme Court's Purdue decision regarding consensual third-party releases in bankruptcy plans. The court establishes when opt-out mechanisms suffice for creditor consent and clarifies the permissible scope of gatekeeping provisions that restrict litigation against non-debtor parties in Chapter 11 reorganizations.

The U.S. Supreme Court has issued its first-ever interpretation of the Helms-Burton Act's Title III, establishing that property confiscated by Cuba's Communist regime remains permanently "tainted" and off-limits for commercial use...

Michael Lowry (Partner-Las Vegas) authored “Are Nevada Procedural Statutes Still Effective in Federal Courts?” appearing in the June 1, 2026, edition of Nevada Lawyer magazine.