Resolving Litigation: Arbitration and Mediation After 'Concepcion'
Seamus Duffy explained how arbitration law has evolved from before the Concepcion decision to the world of mass arbitrations today.
February 23, 2024 at 11:38 AM
10 minute read
Rich Lee, left, of New Era ADR and Seamus Duffy, right, of Akin Gump Strauss Hauer & Feld. Courtesy photos
ADR
This month, I was honored to interview Seamus Duffy, a "bet-the-company" litigator who played an early role in the matter that led to a landmark U.S. Supreme Court decision regarding arbitration. Duffy, then with Drinker, Biddle & Reath (now Faegre, Drinker, Biddle & Reath), represented AT&T Mobility in lower court proceedings that led to the high court's 2011 ruling in AT&T Mobility v. Concepcion. The 5-4 court majority struck down a California law that banned arbitration agreements that would disallow class actions, holding that such laws were preempted by the Federal Arbitration Act of 1925.
Duffy, now with Akin Gump Strauss Hauer & Feld, explained how arbitration law has evolved from before the Concepcion decision to the world of mass arbitrations today. He also provided great insight into factors that lead cases to successful alternative dispute resolution (ADR), echoing comments from our first interviewee in this series that litigants on both sides of a case need to feel heard and trust the process.
Question: How'd you come to be a "bet-the-company" litigator and a proponent of consumer arbitration?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Pa. Supreme Court to Decide Enforceability of 'Browsewrap' Arbitration Agreements
8 minute read
From a Mediator’s Perspective: Common Mis-steps That Parties Make at Mediation
6 minute read
Law Firms Mentioned
Trending Stories
- 1New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 2No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 3Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 4Meet the New President of NY's Association of Trial Court Jurists
- 5Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
