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Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Haynes Boone

Arbitration in the Fifth – December 2025

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In December 2025, the Fifth Circuit Court of Appeals resolved multiple issues related to insurance arbitration in favor of nonarbitrability in Town of Vinton v. Indian Harbor Ins. Co., while its decisions in Mertens v....more

Stange Law Firm, PC

Can I bring my lawyer to family law mediation?

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Mediation is common in divorce and family law matters. In some cases, courts order mediation. In others, the parties voluntarily agree to participate in an effort to resolve their case outside of court....more

Fox Rothschild LLP

NJ Appellate Panel Clarifies Scope of the Ending Forced Arbitration Act

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The New Jersey Appellate Division has ruled that arbitration agreements are unenforceable whenever a lawsuit includes an adequately pled claim of sexual harassment or sexual assault because a federal law requires that the...more

Akerman LLP

California Construction’s New Era: Comply with Mandatory Dispute Resolution Process or Risk a Work Stoppage

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Beginning January 1, 2026, California has a new mandatory statutory procedure governing private construction disputes, and failure to comply may give contractors the right to suspend work without penalty. The new law provides...more

JAMS

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

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One of the last things any general counsel wants is a notice of a lawsuit against their company. Many thoughts enter your mind, including what’s the lawsuit about? Are we liable? Who are the company’s witnesses? How much will...more

Seyfarth Shaw LLP

FAA Governs Arbitration Agreements When Parties Expressly Agree

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The California Court of Appeal rejected the argument that the Federal Arbitration Act (FAA) cannot apply absent evidence of interstate commerce, emphasizing that arbitration under the FAA is a matter of consent. Thus, the...more

Hendershot Cowart P.C.

Protect Your Brand: 5 Lessons from the Texas Stock Exchange Trademark Battle

Hendershot Cowart P.C. on

In September 2024, the Toronto Stock Exchange sent a cease-and-desist letter to the newly launched Texas Stock Exchange, demanding they abandon their TXSE branding. The Canadian exchange claimed the four-letter acronym was...more

Troutman Pepper Locke

Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to...

Troutman Pepper Locke on

On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post. As a result, within the Fifth...more

Fox Rothschild LLP

Sibling Rivalry in Estate Planning: Preventing the Ultimate Family Feud

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Sibling rivalry is a tale as old as time. In probate litigation, however, these emotional battles can eat away at a family’s precious legacy. That’s why a good estate plan needs to go beyond tax and investment planning...more

Vinson & Elkins LLP

Disputes Rising: Energy Arbitration and Litigation in 2026

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The energy industry in 2025 was defined by a perfect storm of challenges, where disputes arising from policy, regulatory ambiguity, international judicial rulings, and market volatility reshaped the industry’s landscape....more

McGuireWoods LLP

McGuireWoods Quarterly Securities & Capital Markets Update

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Welcome to the inaugural McGuireWoods’ Quarterly Securities & Capital Markets Update. Each edition will review important securities law developments from the previous quarter and alert readers of significant considerations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Emerging Trends in Employment Arbitration in 2026: What Employers Need to Know

Employment arbitration agreements provide employers and employees with a fair and efficient way to resolve disputes outside of court litigation. The legal requirements for and best practices surrounding employment arbitration...more

Fisher Phillips

Recent California Court Decision is a Reminder to Review Your Online Service Arbitration Agreements

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If your business has an online presence, chances are you have an online service agreement or terms of use that include an arbitration agreement. But simply having such an agreement in place doesn’t necessarily mean it will be...more

Ropes & Gray LLP

[Podcast] Considerations for Fund Managers and Investors in Light of EMG Litigation

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On this Ropes & Gray podcast, partners Bil Davison and Adam Dobson are joined by counsel Kevin White to discuss recent high-profile litigation involving Energy & Minerals Group’s (EMG’s) single asset continuation vehicle...more

McDermott+

No Surprises Act implementation in 2026: The regulatory “to-do” list

McDermott+ on

2025 certainly was a busy year in the regulatory world, with a slew of new regulations, models, and initiatives. Even so, the Trump administration still has a long regulatory (and deregulatory) “to-do” list for 2026 –...more

Akin Gump Strauss Hauer & Feld LLP

Establishing a Second Emergency Board to Investigate Disputes Between the Long Island Rail Road Company and Certain of its...

Establishes a second Presidential Emergency Board under the Railway Labor Act to investigate unresolved labor disputes between the Long Island Rail Road Company and multiple railroad labor unions. Directs the Board to review...more

Ervin Cohen & Jessup LLP

Playing the Long Game: How an Employer's Litigation Strategy Waived the Right to Arbitration

The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more

Cozen O'Connor

Family Property Disputes in Canada: Why Process Selection Matters

Cozen O'Connor on

A recent Alberta Court of Appeal decision offers a clear reminder that in family property disputes, procedural risk can be just as determinative as the underlying legal issues. While the ruling arises from Alberta, its...more

K&L Gates LLP

California Court of Appeal Affirms Severability of Collateral NDA Provisions and Enforces Arbitration Agreement in Wise v. Tesla...

K&L Gates LLP on

In Wise v. Tesla Motors, Inc. (Wise), the California Court of Appeal sent a clear signal that courts may not use collateral defects in related employment agreements to invalidate an otherwise enforceable arbitration...more

Troutman Pepper Locke

Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to...

Troutman Pepper Locke on

On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post (available here). As a result,...more

King & Spalding

Foreign Investment in Venezuela: Assessing Gaps in Investor Protections Amid Emerging Opportunities

King & Spalding on

In the early morning hours of January 3, 2026, the U.S. military carried out an operation in Venezuela to remove and bring President Nicolas Maduro to face criminal charges in New York. President Trump has made clear that...more

Miles Mediation & Arbitration

Hit the Ground Running: How to Prepare Clients for Mediation to Save Time and Settle Your Case

Mediation is a proven means of resolving disputes efficiently and cost-effectively. Yet it is important to recognize that mediation takes time. Lawyers often tell me they think mediation doesn’t really get started until 3:00...more

JAMS

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

JAMS on

As U.S. regulators confront the intersection of energy transition, emerging technology governance and large-scale infrastructure modernization, a cautionary example is emerging from Europe. The European Union’s (EU) most...more

Bressler, Amery & Ross, P.C.

FINRA Acceleration of Arbitration Proceedings forQualifying Parties Update

Introduction In August 2025, the Financial Industry Regulatory Authority Dispute Resolution Services (“FINRA DRS”) amended certain Rules related to the length of processing arbitration proceedings....more

Eversheds Sutherland (US) LLP

Film Room: CSC announcements and NIL deal flow report

Last week, the College Sports Commission (CSC) issued two key announcements, one regarding the impact of new scholarships on the institutional cap and the other reiterating rules and approach to third-party NIL in light of...more

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