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Alternative Dispute Resolution (ADR) › Antitrust & Trade Regulation › Conflict of Laws

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

News & Analysis as of May 23, 2013

Zelle Hofmann Voelbel & Mason LLP

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

Schnader Harrison Segal & Lewis LLP

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

Loeb & Loeb LLP

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

Ballard Spahr LLP

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

Zelle Hofmann Voelbel & Mason LLP

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

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

Morrison & Foerster LLP

Concepcion May Not Reach Claims Under the Magnuson-Moss Act

by Morrison & Foerster LLP on 10/4/2011

After the U.S. Supreme Court resuscitated class action waivers earlier this year in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), companies have once again sought to enforce those waivers or have considered adding...more

Sheppard Mullin Richter & Hampton LLP

AT&T Mobility LLC v. Concepcion - What Does It Mean For Class Arbitration And Class Actions In Federal Antitrust Cases?

by Sheppard Mullin Richter & Hampton LLP on 5/13/2011

On Wednesday, April 27, 2011, the United States Supreme Court decided AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. Apr. 27, 2011), holding that the Federal Arbitration Act, 9 U.S.C. sec. 2 ("FAA") preempts the California...more

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