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Class Action Arbitration Waivers Mandatory Arbitration Clauses AT&T Mobility v Concepcion

Benesch

Examining The Arbitration Clause Landscape Amid Risks

Benesch on

For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more

McGuireWoods LLP

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Dorsey & Whitney LLP

What You Need to Know about CFPB’s Proposal to Ban Mandatory Arbitration Clauses in Financial Contracts

Dorsey & Whitney LLP on

On May 5, 2016, the Consumer Financial Protection Bureau (the “CFPB”) published in the Federal Register its 376-page proposed rule to limit the use of mandatory arbitration clauses in certain financial contracts. The proposal...more

Foley & Lardner LLP

The Supreme Court Preview, Part II: Tuning Up Arbitration Clauses

Foley & Lardner LLP on

This is the second post in our series “The Supreme Court Preview,” - California state and federal courts have a rocky history with the U.S. Supreme Court, as the highest court in the land has repeatedly reversed the...more

Morrison & Foerster LLP

CFPB Announces Intent to Commence Arbitration Rulemaking

Morrison & Foerster LLP on

On October 7, the Consumer Financial Protection Bureau (CFPB) announced that it is considering two rulemaking proposals that would severely limit the use of pre-dispute arbitration clauses in consumer financial service...more

Ballard Spahr LLP

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review

Yesterday, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS...more

Proskauer - California Employment Law

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme...more

Cohen & Gresser LLP

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

Cohen & Gresser LLP on

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more

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