Two of the largest alternative dispute resolution services providers—JAMS and the American Arbitration Association (AAA)—have updated or created new rules and fee schedules for mass arbitrations. This development indicates...more
The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under...more
The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more
The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations.
These rules could potentially change the...more
The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more
11/14/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Blockchain ,
Certiorari ,
Class Action ,
Coinbase ,
Cryptocurrency ,
Delegation Clauses ,
Petition for Writ of Certiorari ,
SCOTUS
On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an...more
10/18/2023
/ Appeals ,
Arbitration ,
California ,
Coinbase Inc v Bielski ,
Governor Newsom ,
Legislative Agendas ,
Motion to Compel ,
New Legislation ,
SCOTUS ,
State and Local Government ,
Stays
On June 23, 2023, the U.S. Supreme Court published its highly anticipated ruling in Coinbase v. Bielski, deciding in favor of Coinbase. In a 5-4 decision authored by Justice Kavanaugh, the Supreme Court held that litigation...more
The United States Supreme Court recently granted a petition for certiorari filed by cryptocurrency exchange Coinbase, which asks the Court to resolve a deep circuit split on whether a lawsuit should be automatically stayed...more
Last week, the U.S. Supreme Court held unanimously that when an arbitration delegates gateway issues of arbitrability to the arbitator to decide, a court may not consider questions of arbitrability, even where the party...more
1/15/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more
9/28/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
FCC ,
Reversal ,
Smartphones ,
Split of Authority ,
Statutory Interpretation ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more
8/10/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Disparagement ,
Extraterritoriality Rules ,
First Amendment ,
Free Speech ,
Impression Products v Lexmark International ,
Jurisdiction ,
Laches ,
Lanham Act ,
Matal v Tam ,
Microsoft v Baker ,
Music Industry ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
SCOTUS ,
Social Networks ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
The Slants ,
Trademark Registration ,
Trademarks ,
Venue
The Consumer Financial Protection Bureau published its final rule regulating arbitration provisions in contracts between certain financial service providers in the core consumer financial markets of lending money, storing...more
7/14/2017
The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more
The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more
The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more
In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff’s right to pursue public injunctive relief in any forum are invalid and...more
4/13/2017
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Banking Sector ,
CA Supreme Court ,
Citibank ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Contracts ,
Federal Arbitration Act ,
Injunctive Relief ,
Preemption ,
Unfair Competition Law (UCL)
In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323...more
4/30/2015
/ Article III ,
Certiorari ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Federal Jurisdiction ,
Imminent Harm ,
Private Right of Action ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages