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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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...