Sandra McCallion

Sandra McCallion

Cohen & Gresser LLP

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Anachronism Revealed: FINRA Rules Trump Italian Colors to Give Registered Members Their Day in Court

It is rare these days for a court to deny a motion to compel arbitration. It is especially surprising to find such a decision where the parties are subject to an arbitration agreement. Using the fundamental principle...more

10/11/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FINRA FLSA Over-Time

Against the Tide: The Role of “Commerce” in the Applicability of the FAA

Over the past few years, the buzz in the arbitration world has been the Supreme Court’s expansive view of the preemptive reach of section 2 of the Federal Arbitration Act. Most recently, as anyone who follows trends in this...more

8/19/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Federal Arbitration Act SCOTUS

And the Correct Standard Is … Comcast v. Behrend’s “Clarification” of the Standard for Class Certification

Since the Supreme Court granted certiorari in Comcast v. Behrend, class action watchers eagerly awaited the next installment in the “clarification” of the proper standard for determining when and if class treatment is...more

6/7/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more

4/12/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

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