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JAMS

Settlement: A Compass for Mediators in Difficult Situations

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Private mediation has become a fixed feature of the litigation cycle, driven by crowded court dockets, the rising costs of trial, and encouragement from the judiciary. Ironically, even with instant communication tools,...more

Lowenstein Sandler LLP

Chemical Exposure Alone Is Insufficient for Toxic Tort Standing in Colorado

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On October 30, the Colorado Court of Appeals affirmed the dismissal of a putative class action complaint seeking medical monitoring, holding that the representative plaintiff lacked standing because mere exposure to ethylene...more

McDermott Will & Schulte

Reframing the claim: Plain and ordinary meaning falls to lexicography

The US Court of Appeals for the Federal Circuit affirmed a district court’s construction of a claim, finding that the plain and ordinary meaning of a disputed term was redefined by the patentee under principles of...more

Fish & Richardson

Texas Round-Up: September 2025

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The September 2025 edition of our Texas Round-Up focuses on developments in cases involving jurisdiction and pleadings....more

Klein Moynihan Turco LLP

TikTok Pixel CIPA Claims Are Running on Borrowed Time

As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate...more

Freeman Mathis & Gary

Ninth Circuit defines the “costs” associated with offers of judgment or settlement

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In Alvarado v. Wal-Mart Associates, Inc., issued by the United States Court of Appeals for the Ninth Circuit on September 30, 2025, the court clarified the scope of awards under California Code of Civil Procedure Section 998....more

Ballard Spahr LLP

Trump Administration declines to respond to Supreme Court petition filed by ousted Democratic NCUA board members

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The Trump Administration has declined to respond to a Supreme Court petition by the two ousted Democratic NCUA board members who are asking for the court to consider their case....more

McGuireWoods LLP

How Can Litigants Relying on a Market Survey Protect Their Communications About the Survey? Part I

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False advertising plaintiffs must prove consumer confusion and often rely on market surveys to support their contentions. But like any litigants relying on such surveys, they obviously will want to claim privilege and/or work...more

Fox Rothschild LLP

Complicated: Premature Oral Notices of Appeal & Writs of Certiorari

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Sometimes you fall headlong into a chorus you thought you knew by heart—only to discover the bridge is where all the action is. For appellate practitioners, that action seems to be happening more and more in orders issued by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Litigation/CERCLA: Federal Appellate Court Addresses Whether Action Constitutes Cost-Recovery or Contribution

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed an issue arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See Atl. Richfield Co. v. NL Indus., Inc., 132 F.4th...more

Alston & Bird

California’s AB 325 Prohibits Shared Pricing Algorithms and Eases Antitrust Pleading Standards

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California has enacted AB 325 and SB 763, which regulate algorithmic price-fixing, lower pleading standards under the Cartwright Act, and create enhanced penalties for violations. Our Antitrust Team outlines key provisions...more

Dentons

Iowa Legal Name Changes: A Simple, Step‑by‑Step Guide

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Changing your legal name can be an important way to make sure your official records match who you are. For many LGBTQ+ Iowans, especially those who are transgender, nonbinary, or intersex, this step can make daily life easier...more

Epstein Becker & Green

Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery

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The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more

Butler Weihmuller Katz Craig LLP

Avoiding Confession of Judgment: Indemnity Payments After a CRN and Lawsuit but Before Service of the Lawsuit

In a series of recent consolidated cases, the Fourth District Court of Appeal addressed the issue of whether an indemnity payment made after a lawsuit is filed constitutes a confession of judgment entitling the claimants to...more

A&O Shearman

Minnesota Court Grants in Part and Denies in Part Motion to Dismiss Granulated Sugar Antitrust MDL

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On October 15, 2025, Judge Jerry W. Blackwell of the United States District Court for the District of Minnesota granted in part and denied in part defendants’ motions to dismiss a multidistrict litigation alleging a...more

A&O Shearman

Western District of Washington Declines to Dismiss Putative Class Action Against Technology Company

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On October 28, 2025, Judge Tiffany M. Cartwright of the United States District Court for the Western District of Washington largely denied motions to dismiss a putative class action asserting claims under the Securities...more

Oberheiden P.C.

Depo Provera Lawsuit: Litigation Update and Settlement Information

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Pfizer Inc. is facing a growing number of lawsuits from patients who received Depo Provera injections—including patients who received their last injection decades ago in some cases. Depo Provera (medroxyprogesterone acetate)...more

Lighthouse

Untangling Complexity: How to Manage Multijurisdictional Matters in Modern Discovery

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Summary: Multidistrict litigation demands precision, speed, and coordination across a maze of data and discovery obligations. Here’s how proactive planning and strategic use of AI can help legal teams bring order, and...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Sets Clear Standards for Privilege and Work-Product Protection in Internal Investigations

A recent Sixth Circuit decision, In re: FirstEnergy Corp., provides essential guidance on protecting privileged materials and work product for companies conducting internal investigations in response to regulatory or...more

Mintz

Ninth Circuit Will Not Enjoin California Climate Disclosure Regulations Before They Enter Into Force

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On October 29, 2025, the Ninth Circuit scheduled oral argument on the Chamber of Commerce's appeal of the district court decision denying the sought injunction to block California's mandatory climate disclosure laws--and the...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — November 2025

On October 9, 2025, SEC Chairman Atkins delivered a speech in which he inveighed against “shareholder proposals focused on environmental and social issues.” According to Chairman Atkins, “these proposals consume a significant...more

Morrison & Foerster LLP

Litigation Readiness: Seven Things to Keep in Mind (UPDATED)

Data breach class actions inevitably follow from nearly every major security incident. Here are seven things in-house counsel can do to prepare for litigation. 1. Create a Strong Foundation - Depending on the nature and scope...more

HaystackID

Lessons from the OpenAI Litigation on Safeguarding Privileged Information

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Editor’s Note: Privilege disputes are becoming increasingly complex in the age of AI—and the recent rulings in the OpenAI litigation illustrate just how challenging it can be to draw the line between legal advice and everyday...more

Minerva26

The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?

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What if the most important email in your case is the one you didn’t receive? In this Meet & Confer episode, discovery strategist Kelly Twigger breaks down a pivotal Rule 34 ruling on whether parties must produce non-inclusive...more

Cooley LLP

Access to Public Domain Documents: What the UK’s Practice Direction 51ZH Means for Commercial Litigation

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The UK’s Practice Direction 51ZH launches a two year pilot to improve public access to documents used in hearings in certain business courts. Broadly, the practice direction is intended to move from the current ad hoc,...more

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