The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more
8/18/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
CA Supreme Court ,
Consumer Contracts ,
Contract Terms ,
Dispute Resolution ,
Employment Contract ,
Federal Arbitration Act ,
Fees ,
Preemption ,
Statutory Interpretation
On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more
6/12/2025
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Consumer Protection Laws ,
Contract Disputes ,
Dispute Resolution ,
Fees ,
Jurisdiction ,
Mediation ,
New Rules
On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more
5/1/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Clickwrap Agreements ,
Consent ,
Contract Disputes ,
Contract Terms ,
Corporate Counsel ,
Petition For Rehearing ,
Terms of Service ,
Unenforceable Contract Terms ,
Website Design
On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more
On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...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 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
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 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)