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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…
You Got Loot? FTC Examines In-Game Purchases
August 8, 2019
You Got Loot? FTC Examines In-Game Purchases
By: Ifrah Law
The FTC held three panels on Wednesday, August 7, 2019, that centered on one topic: loot boxes earned or purchased during online game play. It’s clear from the selection of panelists and the questions posed by FTC staff that the FTC is on high alert about potential consumer protection issues surrounding these in-game purchases. If the name of the game (pardon the pun) on Wednesday…
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…
