Alternative Dispute Resolution (ADR) Antitrust & Trade Regulation Civil Remedies

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Class Action Defense Cases – American Express v. Italian Colors: United States Supreme Court Reverses Second Circuit Refusal To...

Plaintiffs – a group of merchants who accept American Express cards – filed a putative class action against American Express alleging of the Sherman Act and seeking treble damages under the Clayton Act; the class action...more

Supreme Court's Amex Decision Creates High Hurdle for Plaintiffs Seeking to Invalidate Arbitration Agreements with Class Action...

In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the U.S. Supreme Court reversed a Second Circuit opinion and held that the Federal Arbitration Act (FAA) does not permit a court to invalidate...more

Supreme Court Rules Class-Action Waivers Are Enforceable—Even If The Cost Of Individual Litigation Is Too High

This morning, with Justice Scalia writing for a 5-3 majority, the Supreme Court of the United States ruled that a waiver of class arbitration in a commercial contract is enforceable under the Federal Arbitration Act (FAA),...more

No 'Vindication of Rights' Exception to Concepcion, Supreme Court Holds

The U.S. Supreme Court today delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration agreements....more

Merchants Held To Arbitration Agreements - American Express Co. v. Italian Colors Restaurant

As for a bit of background, the purported class was made up of merchants that accept American Express (“AmEx”) cards. ...more

SCOTUS Says “Tough Luck” To Plaintiffs Whose Claims Are Too Pricey To Prove In Individual Arbitrations

In American Express Co. v. Italian Colors Restaurant, a divided Supreme Court today reversed the Second Circuit and held that plaintiffs may not invalidate an arbitration agreement containing a class action waiver merely...more

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

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

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

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

Draft Amendment to China's Copyright Law

The Copyright Law of the People’s Republic of China (“Copyright Law”) came into effect on June 1, 1991, and has since been followed by two rounds of revisions. The first round of revisions was in order to accommodate China’s...more

Using Federal Antitrust Law To Void Class Action Waivers

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

Antitrust and Competition Newsletter - March 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

Second Circuit Holds Class Action Waiver Unenforceable Where Individual Arbitration Would be Prohibitively Expensive

In a shot across the bow of recent Supreme Court precedent in favor of arbitration, the Second Circuit has held that a mandatory class action waiver in an arbitration provision is unenforceable where the plaintiffs...more

Challenging Class Action Waivers Post-Concepcion

Originally Published in Competition Law360. As antitrust practitioners are no doubt aware, the Supreme Court recently ruled in AT&T Mobility v. Concepcion that “collective-arbitration waivers” (also called “class action...more

The United States Supreme Court Rules That Class Arbitration Is Improper When Parties To An Arbitration Agreement Have Not...

On April 27, 2010, in a closely watched antitrust case with the potential for broad impacts on class action arbitrations, the United States Supreme Court considered the issue “whether imposing class arbitration on parties...more

Don't Lose Your Right to Arbitrate

Rightly or wrongly, Arbitration has been touted as a cure all for the business community over the years. As part of the arbitration push, the business community has been urged to add clauses into contracts mandating the...more

Antitrust & Trade Regulation Briefing By Robert K.Taylor

IN THIS ISSUE: *Arbitration Clause May Not Prohibit Antitrust Class Actions Or Treble Damages; Limits On Discovery Allowed *Lawsuit Over Driving Up Rivals’ Costs Goes To Supreme Court *Supreme Court To Consider Stricter...more

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