Adam Hunt on Arbitration

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs...

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more

6/21/2024 / Arbitration , Arbitration Agreements , Coinbase , Coinbase Inc v Suski et al , Conflicting Contract Terms , Contests & Promotions , Contract Disputes , Contract Terms , Federal Arbitration Act , SCOTUS , Sweepstakes , User Agreements

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach To Arbitration Waiver Analysis

Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party....more

5/25/2022 / Arbitration , Collective Actions , Federal Arbitration Act , Motion to Compel , SCOTUS , Waivers

Financial Services Report - Summer 2021

As spring turns to summer, climate change is on our minds. A new day, a new story about how financial institutions are addressing climate-related risks. In the past few months, six major banks—Bank of America, JPMorgan...more

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

6/1/2021 / Arbitration , Class Action , Co-payments , Equitable Estoppel , Estoppel , Fair Labor Standards Act (FLSA) , Fraud , Insurance Industry , Labor Code , Motion to Compel , Negligent Misrepresentation , Prescription Drugs , Reimbursements , Rite Aid , Staffing Agencies , Unfair Competition Law (UCL) , Wage and Hour

Financial Services Report - Spring 2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

3/2/2021 / Arbitration , Banking Sector , BSA/AML , California Consumer Privacy Act (CCPA) , Comptroller , Consumer Financial Protection Bureau (CFPB) , Consumer Reporting Agencies , Convertible Virtual Currencies (CVCs) , Coronavirus/COVID-19 , Cybersecurity , Data Breach , Data Protection , Department of Financial Protection and Innovation (DFPI) , Digital Assets , Dodd-Frank , ECOA , Fair Credit Reporting Act (FCRA) , Fair Lending , False Claims Act (FCA) , FDIC , Federal Reserve , Financial Services Industry , FinCEN , Interest Rates , Interpretive Letters , Memorandum of Understanding , Military Lending Act , Minority-Owned Businesses , Mortgages , OCC , Payday Loans , PayPal , Preemption , Regulation D , SAR , SCOTUS , Small Business , State Attorneys General , TCPA , True Lender , Truth in Lending Act (TILA) , UK , Women-Owned Businesses

Financial Services Report – Winter 2020

Happy post-election, post-socially-distanced Thanksgiving, and pre-New Year’s newsletter. Banks, non-banks, and FinTechs can look forward to eight days of announcements from the Biden transition team with their latkes and...more

Financial Services Report – Fall 2020

We join the nation in mourning the passing of Supreme Court Justice Ruth Bader Ginsburg. Over her 20-year career before appointment to the D.C. circuit court, Justice Ginsburg fought for equal rights in the workplace, among...more

Financial Services Report, Summer 2020

Is it just us or does March 4 — the date of our last issue — feel like a million years ago? Like you, and not necessarily in this order, we have been: doing our work; keeping up with COVID-19-related laws, guidance, and...more

Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration

On April 24, 2019, the Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration...more

4/26/2019 / Ambiguous , Appeals , Arbitration , Arbitration Agreements , Class Arbitration , Consent , Federal Arbitration Act , Federal v State Law Application , Jurisdiction , Lamps Plus Inc v Varela , Motion to Compel , Preemption , Reversal , SCOTUS

Financial Services Report – Spring 2019

EDITOR’S NOTE - In the words of Willie Wonka: “Wait a minute — strike that, reverse it!” As loyal readers will recall, in our last issue, we tried to stay current in referring to the CFPB by what Mick Mulvaney declared...more

3/11/2019 / Appeals , Arbitration , BSA/AML , Consumer Financial Protection Bureau (CFPB) , Fair Lending , FDIC , Financial Services Industry , Payday Loans , TCPA , Truth in Lending Act (TILA) , Volcker Rule

Financial Services Report – Summer 2018

BELTWAY - The Wayback Machine - Congress passed, and on May 24, 2018, the president signed into law, the Economic Growth, Regulatory Relief, and Consumer Protection Act (S.2155). The law makes significant changes to...more

6/8/2018 / Arbitration , Auto Lease , Banking Sector , BSA/AML , Consumer Financial Protection Bureau (CFPB) , Cryptocurrency , Economic Growth Regulatory Relief and Consumer Protection Act , Fair Lending , FDCPA , FFIEC , FinTech , GAO , General Data Protection Regulation (GDPR) , HMDA , Securities and Exchange Commission (SEC) , SIFMA , TCPA

American Express Co. v. Italian Colors Restaurant: The Supreme Court Reaffirms Its Commitment to Enforcing Arbitration Agreements

Last week’s Supreme Court decision in American Express Co. v. Italian Colors Restaurant builds on a recent line of pro-arbitration rulings – including Stolt-Nielsen, S.A. v. Animal Feeds Int’l Corp. and AT&T Mobility LLC v....more

6/25/2013 / American Express , American Express v Italian Colors Restaurant , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Federal Arbitration Act , SCOTUS , Sherman Act

Adam Hunt

Morrison & Foerster LLP

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