On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, the district court lacks discretion to...more
This presentation will review best practices for ensuring agreement to arbitration clauses, drafting arbitration clauses, the plaintiff bar's ongoing efforts to invalidate the clauses and how best to craft a clause that is...more
In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more
3/2/2023
/ Antitrust Litigation ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Event Tickets ,
Mandatory Arbitration Clauses ,
Marketing ,
Online Platforms ,
Terms and Conditions ,
Ticket Pricing ,
Unfair or Deceptive Trade Practices ,
Websites
In Brice v. Haynes Investments LLC, No. 19-15707 (9th Cir. Sept. 16, 2021), the Ninth Circuit considered an appeal by shareholders in Native American tribe-linked online lenders of a district court order denying the...more
9/24/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Lenders ,
Corporate Counsel ,
Delegation Clauses ,
Shareholders
On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the Federal Arbitration Act...more
4/10/2017
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Contracts ,
Consumer Financial Products ,
Credit Cards ,
False Advertising ,
Federal Arbitration Act ,
Financial Institutions ,
Mandatory Arbitration Clauses ,
Preemption ,
Public Policy ,
Unfair Competition Law (UCL)
The U.S. Supreme Court addressed contract terms bearing on the availability of class arbitration in two opinions this term. The first, Oxford Health Plans LLC v. Sutter, confirms a district court’s limited power under the...more