Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
Mass Torts vs. Class Actions: A Tale of Two Strategies
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
Entertainment Law Update Episode 160 – August/September 2023
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Podcast: California Employment News - The Basics of Wage Statement Compliance (Part 1)
California Employment News: The Basics of Wage Statement Compliance (Part 1)
What Is Mass Arbitration and How Should Companies Protect Themselves? - The Consumer Finance Podcast
Webinar Recording – Assessing the Surge in Wiretap Litigation
Fashion Counsel: Privacy in the Retail Fashion Industry
Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
ESG and SEC Enforcement: Securities & Exchange Commission v. Vale S.A and its Corporate Takeaways
Current Trends in FCRA Litigation - The Consumer Finance Podcast
Join us for the latest episode of Financial Services Focus as Andy Demko and Archis Parasharami discuss how consumer arbitration became popular among U.S. businesses in response to class actions from the late 90s onward. The...more
The U.S. Department of Labor estimates 56 percent of all nonunion private-sector employees are subject to mandatory arbitration agreements. Many employers use such agreements—and the class action waivers contained therein—to...more
On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more
For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more
For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more
On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual...more
In the latest development regarding so-called mass arbitrations, the U.S. Court of Appeals for the Seventh Circuit recently heard argument in a case that any company with consumer-facing terms should be following. In Wallrich...more
Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?...more
A district court in the Seventh Circuit recently granted a motion to compel arbitration and stay proceedings in a putative class action involving Hyundai’s Blue Link crash assistance program. Tamburo v. Hyundai, No....more
In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more
The Eastern District of Kentucky recently became the latest court to weigh in on arbitration and class action waiver provisions in ERISA-governed defined contribution plans. In Merrow v. Horizon Bank, the court found such a...more
As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by the Employee Retirement Income Security...more
In response in part to the dozens of cases filed throughout the country related to assessment of insufficient funds (NSF) and overdraft (OD) fees, many banks and credit unions have sought to add arbitration and class action...more
Are mandatory arbitration provisions with class action waivers a solution to the onslaught of class action litigation against 401(k) plans in recent years? Some courts have enforced mandatory arbitration provisions in ERISA...more
Takeaway: We have written many articles about including class action waivers in consumer-facing arbitration agreements as a means of reducing class action litigation risk. The key to enforcing those waivers is the...more
Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more
Takeaway: We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class action litigation. One of the most effective means of...more
The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung...more
Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more
For more than a few years — at least since the United States Supreme Court’s seminal 2017 decision in Epic Systems v. Lewis — employers across the country have weighed whether to have their employees sign arbitration...more
The Third Circuit refused to enforce a mandatory arbitration clause with a class action waiver in an ESOP, finding that the class action waiver deprived participants of statutory rights. The ESOP plan added the clause at...more
In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more
It is no secret that many businesses minimize risk by requiring arbitration of disputes on an individual basis. The exposure created by a single claim pales next to that presented by a class claim, asserted under Rule 23, on...more