Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation, Civil Procedure

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

by Patrick Heneghan, David Kavanagh, James Keyte, Gary MacDonald, Tiffany Rider, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2013

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

Supreme Court Hears AMEX Class Arbitration Case

by Deborah Renner | BakerHostetler on 3/15/2013

Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133....more

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Class Action Waivers And Arbitration Agreements - Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX...

by Ruth E. Hartman, John Lewis | BakerHostetler on 3/8/2013

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

by Stephanie Fujarczuk, Christopher Naudie, Mary Paterson | Osler, Hoskin & Harcourt LLP on 3/6/2013

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

SCOTUS Hears AmEx III: Argument Highlights

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/28/2013

The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement precluding class actions can be invalid if it makes it impossible for plaintiffs to vindicate federal...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/22/2013

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

Supreme Court to Hear Another Case on Class Arbitration Waivers

by Kevin J. Hamilton, Zachary P. Jones | Perkins Coie on 11/21/2012

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed...more

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

by Leo Caseria, David R. Garcia | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts,...more

Pleading Extraterritorial Claims in New York in Light of Global Re v. Equitas

by Quinn Emanuel Urquhart & Sullivan, LLP on 10/22/2012

Courts have long grappled with how to apply state and federal laws to disputes that arise entirely outside U.S. borders, sometimes concluding that such laws should not be applied extraterritorially at all. Earlier this year,...more

Energy Newsletter - October 2012

by King & Spalding on 10/3/2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration: Extra Heavy Crude Oil: An Increased Potential for International Disputes by Louis-Alexis Bret - International Arbitration: Second Circuit Clarifies...more

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

by Schnader Harrison Segal & Lewis LLP on 9/13/2012

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal...more

Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable

by Loeb & Loeb LLP on 6/15/2012

The Second Circuit has refused to grant enbanc (full court) review of its earlier decision barring the enforcement of class action waiver provisions in business arbitration agreements involving federal statutory claims. The...more

Second Circuit Splits with Ninth Circuit on Enforcement of Class Action Waivers

by Ballard Spahr LLP on 5/30/2012

The U.S. Supreme Court may be asked to revisit the issue of class action waivers in arbitration agreements now that the U.S. Court of Appeals for the Second Circuit has refused to reconsider its February 1, 2012, decision in...more

"Important New U.S. Appellate Decisions for Corporations Claiming Against Foreign States for Asset Expropriation"

by Skadden, Arps, Slate, Meagher & Flom LLP on 4/4/2012

The United States has signed approximately 41 Bilateral Investment Treaties (BITs), 12 Free Trade Agreements (FTAs) and 20 Friendship, Commerce and Navigation treaties (FCNs) with foreign governments, each providing...more

Antitrust and Competition Newsletter - March 2012

by Orrick, Herrington & Sutcliffe LLP on 3/19/2012

In This Issue: What’s Inside; Developments: Global Antitrust and Competition News; Regional Focus: France; Events, Articles and Honors; and, Get to Know: Garret Rasmussen, Partner, Washington, D.C. Excerpt from...more

New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy...

by Sheppard Mullin Richter & Hampton LLP on 2/22/2012

In In re Currency Conversion Fee Antitrust Litig., 2012 WL 401113 (S.D.N.Y. Feb. 8, 2012), Judge William H. Pauley III denied a motion for summary judgment by Defendants Discover and Citigroup after finding that a handful...more

Antitrust Claims That Credit Card Companies Conspired To Insert Arbitration Clauses in their Customer Agreements Survives Summary...

by Cadwalader, Wickersham & Taft LLP on 2/17/2012

In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409 (WHP) (S.D.N.Y. 2012), provides a good example on summary judgment of the intersection between arbitration clauses and the antitrust laws and illustrates...more

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Alternative Dispute Resolution (ADR) › Antitrust & Trade Regulation › Civil Procedure