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The SEC Signs on to Arbitration
FEATURED
September 29, 2025
The SEC Signs on to Arbitration
By: George Calhoun
Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement. This policy shift will permit companies to include arbitration clauses in their governing documents to require securities litigants (including class action plaintiffs) to pursue their claims in arbitration proceedings rather than court cases. The decision leaves open how arbitration provisions might apply in direct actions versus derivative actions. Nonetheless, this could result in a significant reduction in private securities litigation. The SEC focused its decision on the recent trend in U.S. Supreme Court precedent concerning the Federal Arbitration Act and…
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Cal. High Court Softens Draconian Arbitration Fee Rule
August 19, 2025
Cal. High Court Softens Draconian Arbitration Fee Rule
By: Robert Ward
California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close to, but does not cross, that line. At the same…
Ready, Set, Go: More States Adopt Privacy Laws
July 30, 2025
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 24, 2025 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
Raising Money for COVID 19 Related Causes? Read this First.
March 23, 2020
Raising Money for COVID 19 Related Causes? Read this First.
By: Nicole Kardell
Cause Marketing Social causes are an important part of both community and business culture. Increasingly, businesses identify social causes to support as a part of their company mission. When they fold that mission into their marketing, it can trigger federal and state consumer protection laws (as well as federal tax laws). Why? To prevent fraud and deception. Regulators do not want for-profit companies to mislead…
One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations
March 17, 2020
One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations
By: Nicole Kardell
While the world is uni-focused on the Corona virus, companies doing business in California and impacted by the California Consumer Privacy Act must face another dizzying round of revisions to the California Attorney General’s draft implementing regulations. The AG released its latest set of revisions on March 11, providing an additional notice and comment period through March 27. The latest round of revisions reveals the…
Data Control of the People, by the People, for the People…
November 22, 2019
Data Control of the People, by the People, for the People…
By: Nicole Kardell
Can the free market weigh in on data privacy and further data privacy rights in way that the law cannot? Can the free market put control over people’s data back in individuals’ hands? Many of us have been waiting for a market solution to address the privacy of personal data. As attorneys, we know from experience that laws and regulations are not always the best…
Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies
November 12, 2019
Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies
By: Nicole Kardell
When it is not clear which way to go, don’t. This is the upshot of an article by Wojciech Wiewiorowski: Facial recognition: A solution in search of a problem? Wiewiorowski is the Assistant Supervisor at the European Data Protection Supervisor (the E.U.’s independent data protection authority), which published his article on their site in late October. The post came out in the midst of a…
SEC’s Lawsuit Against Telegram Raises Questions About Cryptocurrency “Presales” Under Regulation D
October 17, 2019
SEC’s Lawsuit Against Telegram Raises Questions About Cryptocurrency “Presales” Under Regulation D
By: Ifrah Law
On October 11, 2019, the Securities and Exchange Commission (“SEC”) filed a lawsuit against Telegram Group, Inc. and TON Issuer, Inc. (“Telegram”), and simultaneously obtained a temporary restraining order preventing Telegram from issuing its “Gram” cryptocurrency, which had been scheduled for delivery on October 31, 2019. The SEC claimed that the sale of Grams amount to an unregistered securities offering in violation of federal securities…
