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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
December 11, 2024 | Law.com

Big Tech and Internet Companies Slammed With Consumer Class Actions in December

A flurry of class actions pummeled the tech industry last week, targeting companies such as Amazon, Google, Apple, GoodRx and mobile gaming platforms.
7 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
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
September 26, 2024 | The Recorder

Who Got the Work: Quinn Emanuel Enters Appearance for Snowflake Amid Flurry of Data Breach Class Actions

The complaint, filed on Aug. 5, is one of a national wave of class actions targeting Snowflake after a series of high-profile cyberattacks on the company compromised consumer data at over 165 businesses that implement its data storage services, including Ticketmaster and AT&T.
3 minute read
September 24, 2024 | Corporate Counsel

DOJ Files Antitrust Suit Against Visa Alleging It Thwarts Payment-Processing Rivals

Visa handles more than 60% of debit card transactions in the U.S., and collects more than $7 billion in annual processing fees, a lucrative business the company protects through illegal, anticompetitive practices, the Department of Justice alleges.
3 minute read

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