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Ballard Spahr LLP
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
Ballard Spahr: Our Thoughts on Director Cordray’s Arbitration Comments to the CFPB’s Consumer Advisory Board
by Alan S. Kaplinsky In his remarks today to the CFPB’s Consumer Advisory Board, Director Cordray denigrated arbitration agreements as a “free pass” that allows companies to “sidestep the legal system, avoid big refunds, and...
Troutman Sanders
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
CFPB Director Provides Additional Commentary on Efforts to Address Arbitration Issues
by Tim J. St. George , David M. Gettings , David N. Anthony and John C. Lynch On October 22, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks to the Consumer Advisory Board. At the meeting, Cordray discussed...
Robin Largent
over 8 years ago
Labor and Employment Law
Labor & Employment Top Blogs
Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement
by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme...
Mack Sperling
over 8 years ago
Corporate
Business Law Blog
NC Business Court Stays Arbitration Pending Ruling on Piercing the Veil Claim
The Order in Cold Springs Ventures, LLC v. Gilead Sciences, Inc. , 2014 NCBC 10 is a procedural conundrum wrapped up in arbitration issues [ an enhanced version of this opinion is available to lexis.com subscribers ]. The Plaintiffs in the Business Court...
Mack Sperling
over 8 years ago
Corporate
Business Law Blog
Reading Before Signing Is Advisable
It's pretty basic that your clients should read the agreements that they sign before they sign them. Or you should at least explain to your client the key provisions in what they are going to sign, if they are not going to read it. In McMillan...
Sheppard, Mullin, Richter & Hampton LLP
over 10 years ago
Banking and Finance
Banking & Finance Law Blog
Class Action Waiver, Arbitration Agreements, and the American Express Litigation
Excerpt: On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation , No. 06-1871-cv, (2d Cir. Feb. 1, 2012) (" AMEX III ") [ an enhanced version of this opinion is available to lexis...
Joseph Hylak-Reinholtz
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
The Impact of AT&T Mobility on the Enforceability of Arbitration Agreements in Nursing Home and Assisted Living Facility Resident Agreements
The precedential value of AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (U.S. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] is questionable in the context of arbitration...
Andrea Lee Negroni
over 10 years ago
Real Estate Law
Real Estate Law Blog
Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 29th, 2012 Update
Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners...
Sheppard, Mullin, Richter & Hampton LLP
over 10 years ago
Litigation
Litigation Blog
Class Action Waiver, Arbitration Agreements, And The American Express Litigation
By Sheppard Mullin Richter & Hampton LLP Excerpt: On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation , No. 06-1871-cv, (2d Cir. Feb. 1, 2012) (" AMEX III ") [ an enhanced...
Ballard Spahr LLP
over 11 years ago
Litigation
Litigation Blog
Ballard Spahr LLP: Arbitration Enforcement Trend Continues At Supreme Court
By the Consumer Financial Services Group For the fourth time in less than a year, the U.S. Supreme Court has championed the "emphatic federal policy in favor of arbitral dispute resolution" and vacated a state appellate court's decision...
Joseph Hylak-Reinholtz
over 11 years ago
Estate and Elder Law
Estate Practice and Elder Law Commentary
The Impact of AT&T Mobility on the Enforceability of Arbitration Agreements in Nursing Home and Assisted Living Facility Resident Agreements
The precedential value of AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (U.S. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] is questionable in the context of arbitration...
John Holmquist
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
The D.R. Horton Arbitration Saga: Now What?
The long awaited decision of the 5th Circuit in D.H. Horton, Inc.. v. NLRB was issued on Tuesday, and a split panel disagreed with the NLRB that the employer violated the Act by requiring employees to sign an arbitration agreement which precluded participation...
Robin Largent
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
Ninth Circuit Further Weighs in on Arbitration Agreements
This week, the Ninth Circuit has issued two new decisions on the enforceability of arbitration agreements post- Concepcion . In the first case, Ferguson v. Corinthian Colleges , the court issued an opinion favoring enforcement of arbitration agreements...
Eric Meyer
over 11 years ago
Labor and Employment Law
Labor and Employment Law Blog
Is Your Arbitration Agreement Worth the Paper It's Printed On?
Courts have blessed written agreements between employer and employee to submit federal discrimination claims to arbitration. Here is an example. But, there's legal and then there's doing right. Below, how one employer got it wrong. Very...
Robin Largent
over 8 years ago
Labor and Employment Law
Labor and Employment Law Blog
California Enacts New Laws Attacking Arbitration and Arbitration Agreements
On the last day to sign or veto bills this legislative session, California’s Governor signed into law two bills clearly aimed at attacking and limiting arbitration and arbitration agreements in California. The first, AB 2617 , prohibits mandatory...
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