The SEC Signs on to Arbitration

The SEC Signs on to Arbitration

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…

Read More about The SEC Signs on to Arbitration

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…

Read More about Cal. High Court Softens Draconian Arbitration Fee Rule

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…

Read More about Ready, Set, Go: More States Adopt Privacy Laws

Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

March 31, 2016

Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

By: George Calhoun

Since the Federal Arbitration Act (FAA) of 1925, the United States has had a policy preference for arbitration, even when an arbitration provision includes language barring class action litigation.  We saw this most recently in December 2015 when the Supreme Court reversed a decision by a California Court of Appeal to invalidate a class-arbitration waiver within a service agreement between DirecTV and its customers.[1]  But…

Read More about Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions

March 21, 2016

To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions

By: Drew Barnholtz

The Office of the Inspector General, which enforces Health and Human Services, has long been averse to referral services that don’t meet certain criteria.  To get protection against a possible enforcement action, the referral service can’t exclude anyone from participating in the service, and payments for referrals have to be reasonable and cannot be tied to the volume or value of the referrals that are…

Read More about To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

March 16, 2016

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

By: Ifrah Law

On March 15, 2016, national retailer Lord & Taylor agreed to settle FTC charges that it “deceived consumers by paying for native advertisements.” The settlement is the first of its kind following the December 2015 guidance memorandum, Native Advertising: A Guide for Businesses, issued by the FTC. Under the terms of the settlement, Lord & Taylor is prohibited from “misrepresenting that paid ads are from…

Read More about Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

Latest German Sausage? Privacy-Wurst by Facebook

March 10, 2016

Latest German Sausage? Privacy-Wurst by Facebook

By: Ifrah Law

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law providing precedent for many personal privacy rights that have become a cornerstone of American culture. However, in this new digital age of rapid technology change, with real-time access…

Read More about Latest German Sausage? Privacy-Wurst by Facebook

CFPB No-Action Letters Are No Help

March 1, 2016

CFPB No-Action Letters Are No Help

By: George Calhoun

In the age of handheld banking apps, private funds transfer systems, and digital currencies, ensuring that new products are fair to consumers and compliant with existing – and sometime archaic – regulations are difficult tasks. The Bureau of Consumer Financial Protection (“CFPB”) recently finalized a new policy for providing “no-action letters” (“NALs”) to companies seeking to introduce new consumer finance products and technologies. Although the…

Read More about CFPB No-Action Letters Are No Help

Articles and Presentations by Our Firm Attorneys

The SEC Signs on to Arbitration

The SEC Signs on to Arbitration
By: George Calhoun

Cal. High Court Softens Draconian Arbitration Fee Rule

Cal. High Court Softens Draconian Arbitration Fee Rule
By: Robert Ward

Ready, Set, Go: More States Adopt Privacy Laws

Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell

Subscribe to Ifrah Law’s Insights