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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…
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….
What the Payday Proposal Would Do
June 3, 2016
What the Payday Proposal Would Do
By: Ifrah Law
The Consumer Financial Protection Bureau (CFPB) has proposed a new rule to regulate payday lending and auto-title loan companies. Right now, it is merely a proposal, meant to undergo the notice and comment period until September 14, 2016. But if the rule goes into effect, it would be a significant imposition on the lending business. The CFPB has been studying the effects of payday lending…
CFPB Scare Tactics: The New Arbitration Rules
May 5, 2016
CFPB Scare Tactics: The New Arbitration Rules
By: George Calhoun
Recently, I wrote about the CFPB’s plans to issue new regulations restricting arbitration clauses in certain consumer contracts. Today, the agency announced those new rules and CFPB Director Richard Cordray is expected to discuss them at the agency’s field hearing in Albuquerque, New Mexico. As expected, the new rules eliminate the use of class action waivers and otherwise restrict the availability of arbitration in consumer…
Judge Flunks Case Against LabMD, FTC Appeals
April 20, 2016
Judge Flunks Case Against LabMD, FTC Appeals
By: Jeffrey Hamlin
In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13, 2015, an administrative law judge ruled that the FTC had…
Wells Fargo Learns That Recording Calls In California Can Be Costly
April 5, 2016
Wells Fargo Learns That Recording Calls In California Can Be Costly
By: Michelle Cohen
In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law. This week, California’s Attorney General demonstrated that her office, working with state prosecutors, will also vigorously enforce the law under the state’s criminal statutes. Attorney General Harris announced an $8.5 million dollar settlement with Wells Fargo…
