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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…
Can Your Pacemaker Be Hacked?
January 4, 2017
Can Your Pacemaker Be Hacked?
By: Drew Barnholtz
Tom Kellermann, CEO of Strategic Cyber Ventures guest co-authored this post. A famous Homeland episode involved a terrorist gaining access to the Vice-President’s pacemaker. Accessing medical devices to wreak havoc was one of the motivations behind certain provisions of the Digital Millennium Copyright Act (aka the DMCA). The DMCA makes it “illegal to circumvent technological measures used to prevent unauthorized access to copyrighted works.” Section…
Presidential Predictions For Financial Consumer Protections
November 21, 2016
Presidential Predictions For Financial Consumer Protections
By: Jeffrey Hamlin
In January 2017, the Obama Administration will transfer power to the incoming Trump Administration, and Congress will convene with a Republican majority in both houses. Predictions abound as to what legislative and regulatory changes will transpire under the new administration. Earlier this month, WSJ Pro hosted a live video event to discuss how the election will impact financial regulation. Financial Regulation Editor Jacob Schlesinger moderated…
How The FTC Guides Businesses Through Data Breaches
November 10, 2016
How The FTC Guides Businesses Through Data Breaches
By: Michelle Cohen
The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data breach letter to notify individuals of a breach. The agency – which views itself as the nation’s primary “privacy police” has faced scrutiny from private parties and courts…
You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act
October 27, 2016
You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act
By: Ifrah Law
As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available within the Garden State. The law at issue is the New Jersey Truth in Consumer Contract, Warranty, and Notice Act (“TCCWNA”), which was enacted in 1981 with good intentions:…
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
October 13, 2016
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
By: George Calhoun
The Federal Acquisition Regulation final rule implementing the “Fair Play and Safe Workplaces” Executive Order 13673 was issued on August 25, 2016, and the rule goes into effect on October 25, 2016. This new regulation presents a significant change – and potential challenge – for major government contractors. President Obama signed Executive Order 13673, often referred to as the “Blacklisting” order, on July 31, 2014….
