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
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
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)