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Cal. High Court Softens Draconian Arbitration Fee Rule
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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 time, to avoid preemption, the court offered businesses some relief from the unforgiving interpretation applied by many California courts. Section 1281.98 requires the party who drafts an arbitration agreement—in the consumer context, the company—to pay all required fees within thirty days of receiving the arbitration provider’s invoice.[2] If the company fails to pay the fees…
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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…
Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape
May 12, 2025
Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape
By: Abbey Block
Ryan Seacrest is most well-known for his role as the charismatic host of popular television shows like American Idol and Wheel of Fortune. But more recently, Seacrest has taken on a new business venture, becoming the spokesperson for the social casino platform, Chumba Casino. Chumba Casino, launched in 2012, allows players to engage in online casino-style games. Seacrest began his partnership with the brand in…
SEC Says “Pocketful of Quarters’” Planned Token Is Not a “Pocketful of Securities”
August 1, 2019
SEC Says “Pocketful of Quarters’” Planned Token Is Not a “Pocketful of Securities”
By: Ifrah Law
On July 25, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued a letter to Pocketful of Quarters, Inc. (PoQ), informing PoQ that it would not recommend enforcement action in regards to PoQ’s proposal to sell tokens (called Quarters) on its gaming platform. The SEC informed PoQ that based on PoQ’s description of its plans for the Quarters tokens, the tokens would not…
Equifax Settlement Teaches The Dos and Dont’s About Data Security
July 22, 2019
Equifax Settlement Teaches The Dos and Dont’s About Data Security
By: Nicole Kardell
It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was announced late last week. Today, the FTC announced a $575…
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
April 3, 2019
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
By: Ifrah Law
Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called. However, in 2015, the Federal Communications Commission (“FCC”) stated that individuals who previously consented to be contacted may…
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
March 18, 2019
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
By: George Calhoun
Crypto exchange Bittrex made news this week when it announced its first initial exchange offering (IEO), which it was to host through its Malta-based affiliate Bittrex International. Bittrex planned to offer its registered members the opportunity to buy RAID’s XRD token. RAID is an international gaming data blockchain project, with the goal to create a decentralized game data ecosystem where data can be freely exchanged…
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
March 14, 2019
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
By: Nicole Kardell
An app for children–wee ones even–to publicize videos of themselves jamming to their favorite tunes. An app that, by default, allows its users to communicate directly with any other users, including wee ones. An app that provides its users a list of other users within a 50-mile radius who they can follow or contact directly (feature removed in 2016). What could pervert-ibly go wrong? It…
