Antitrust & Trade Regulation Alternative Dispute Resolution (ADR)

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Bernstein Shur Business and Commercial Litigation Newsletter #46

We are pleased to present the 46th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address class actions pending against Silicon Valley companies,...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

The Impact of Competition Law in the Mediation of Patent Disputes

Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for...more

Business and Commercial Litigation Newsletter – #43

We are pleased to present the 43rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address whistleblower protections under the Dodd-Frank Act, trade...more

Employment Law

California Employers Face Rise In PAGA Suits - Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more

FTC files amicus challenging arbitration provision

As industry and consumers await the results of the CFPB’s arbitration study, the FTC became the latest federal agency to weigh in on consumer arbitration issues. Recently, at the invitation of the Seventh Circuit, the FTC...more

International Arbitration News - Q3 2013

US SUPREME COURT UPHOLDS FREEDOM OF CONTRACT PRINCIPLE IN ANTITRUST CLASS ARBITRATION - In the recent case of American Express co. et. al. v. Italian Colors Restaurant et al., the US Supreme Court addressed the validity...more

US Supreme Court upholds freedom of contract principle in antitrust class arbitration

In the recent case of American Express co. et. al. v. Italian Colors Restaurant et al., the US Supreme Court addressed the validity of a contractual waiver to class arbitration where the cost of individually arbitrating a...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

U.S. Supreme Court alert: American Express Co. v. Italian Colors Restaurant

Prior to its summer recess, the U.S. Supreme Court issued another decision concerning class arbitration which has implications for unionized and non-unionized employers with agreements to arbitrate workplace disputes....more

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Supreme Court Enforces Arbitration Provision Barring Merchants From Bringing Class Action Antitrust Claims Against American...

The United States Supreme Court has issued a divided (5-3) decision in American Express Co. v. Italian Colors Restaurant, reaffirming the Court’s long-standing inclination to enforce contractual arbitration agreements....more

Supreme Court: Class Action Waiver Trumps Federal Statutory Right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more

That's A Spicy Meatball!

As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. Ct. 1740...more

American Express Co. v. Italian Colors Restaurant: A class action waiver in an arbitration agreement will be strictly enforced...

The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA)...more

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more

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

Class Arbitration Contractual Waivers Are Valid And Enforceable Even When Plaintiff’s Recovery Is Outweighed By Individual...

On June 20, 2013, the United States Supreme Court, in a 5-3 opinion in American Express Co. v. Italian Colors Restaurant, 2013 U.S. LEXIS 4700 (June 20, 2013), dealt yet another blow to antitrust plaintiffs’ ability to seek...more

Supreme Court Continues To Expand FAA Preemption

Do you hear that? . . . . It is the wailing and moaning of plaintiff’s attorneys across the country. On June 20, 2013, in a 5-3 decision (Sotomayor recused herself), the United States Supreme Court issued a...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

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

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

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