Commercial Law & Contracts, Antitrust & Trade Regulation, Alternative Dispute Resolution (ADR)

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

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

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

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

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...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

"U.S. Challenges China’s Automobile and Auto Parts Export Policies at the WTO While Leaving the Door Open for Additional Trade...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/23/2012

The United States has filed a request for consultations at the World Trade Organization (WTO) challenging China’s export policies for automobiles and auto parts. A request for consultations is the first step in the dispute...more

Doing Business in Canada: Procurement Law

by Bennett Jones LLP on 10/18/2012

Outside of the province of Québec, procurement law in Canada derives from both a prolific body of common law and a broad range of provincial and federal statutes. Regardless of the province, federal government procurement...more

Argentine Protectionism

by King & Spalding on 10/5/2012

On August 21, 2012, the United States and Japan both initiated complaints against Argentina at the WTO because of Argentina’s use of trade protectionist measures. The two complainant nations took particular exception to...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

iPhone Owners Not Necessarily Required to Arbitrate Monopolization Claims Against Apple

by Howard Ullman on 7/19/2012

In In re Apple iPhone Antitrust Litig., No. C 11-06714 JW (N.D. Cal. July 11, 2012) (Ware, J.), the court found that arbitration provisions in consumers’ service agreements with AT&T Mobility, LLC (“ATTM”) did not necessarily...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

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

"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

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

Agências de "Rating" e Governança Corporativa: Paradigma ou necessária coexistência

by Janahim Figueira on 2/10/2012

O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil. O...more

RIM Defeats Sherman Act Section 2 Claims At Pleading Stage

by Sheppard Mullin Richter & Hampton LLP on 12/29/2011

In “the latest installment in a contentious litigation”, defendant Research In Motion recently obtained an order granting its motion to dismiss plaintiff Eatoni's claims that RIM violated Section 2 of the Sherman Act and...more

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

Challenging Class Action Waivers Post-Concepcion

by Zelle Hofmann Voelbel & Mason LLP on 9/16/2011

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

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

Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract

by Schnader Harrison Segal & Lewis LLP on 4/20/2011

In an effort to avoid class action litigation, many businesses include a waiver of class action claims in their contracts, limiting dispute resolution to arbitration of claims on an individual rather than class action or...more

Legal Alert: Second Circuit Addresses Class-Action Waivers in Arbitration Agreements after Supreme Court's Stolt-Nielsen Decision

by FordHarrison on 3/18/2011

This article is a continuation of Ford & Harrison LLP's focus on the use of arbitration agreements to protect employers from collective/class-action exposure under the Fair Labor Standards Act. In March 8, 2011, the Second...more

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Commercial Law & Contracts › Antitrust & Trade Regulation › Alternative Dispute Resolution (ADR)