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December 20, 2024 | The Legal Intelligencer

Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales

While vigorous efforts have been made to push the courts to interpret the Federal Arbitration Act (FAA) with an increasingly broad preemptive scope, effectively overriding state laws designed to regulate arbitration, recent decisions underscore that courts are not willing to uphold arbitration agreements when fairness and justice might be compromised. Legitimate concerns surrounding arbitration are prompting more judicial scrutiny—a trend worth examining.
8 minute read
December 19, 2024 | National Law Journal

Preparing for Measured, Responsible and Reasoned Consumer Welfare Policy

Enforcing antitrust law is not inherently partisan. It takes politicians being politicians to make it so. Antitrust enforcement can be simply economically rational.
4 minute read
November 04, 2024 | Legaltech News

The Ninth Circuit Got It Very Wrong in 'Heckman v. Live Nation'

"The 'Heckman' ruling is disappointing, and it also underscores the misconceptions surrounding arbitration, even among federal appellate court judges," write New Era ADR's Rich Lee, Collin Williams, Michelle Tyler and Shane Mulrooney.
8 minute read
October 28, 2024 | National Law Journal

'Opaque and Unfair': 9th Circuit Rejects Live Nation's Rules for Mass Arbitrations

The federal appellate panel said Live Nation's arbitration agreement requiring claims to go through provider New Era ADR Inc. is "unconscionable" under California law.
5 minute read
Law Journal Press | Digital Book State Antitrust Law Authors: William T. Lifland View this Book

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October 16, 2024 | Texas Lawyer

'Mr. Rapino Was Not Involved': CEO Can't Dodge Deposition in MDL

Ten people died, including a 9-year-old boy, of compressive asphyxiation at Live Nation's Astroworld Festival concert.
5 minute read
October 10, 2024 | Daily Report Online

Navigating the Mass Arbitration Minefield: Costs, Challenges and Strategic Shifts

The structure of arbitration fees, typically assessed per claim, creates a daunting financial barrier for companies, making the prospect of settling, irrespective of the claims' legitimacy, increasingly attractive. This dynamic has spurred a closer examination of arbitration service providers,
15 minute read
October 07, 2024 | Law.com

Judicial Panel Sends Snowflake-Related Data Breach Lawsuits to Montana

The U.S. Judicial Panel on Multidistrict Litigation ordered that about 80 data breach cases centered on cloud storage software firm Snowflake Inc. be transferred to Chief U.S. District Judge Brian Morris in the District of Montana.
4 minute read
October 03, 2024 | National Law Journal

Supreme Court Will Begin New Term Dogged by Old Issues

The high court finds itself under as much scrutiny as ever as it prepares to reconvene Monday for the start of the October 2024 term.
16 minute read
October 02, 2024 | Legaltech News

Tracking Generative AI: How Evolving AI Models Are Impacting Legal

A running compilation of how the legal landscape continues to be shaped by generative AI tools, from GPT technologies to art generation tools and beyond.
215 minute read

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