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…

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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…

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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…

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TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent

September 16, 2015

TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent

By: Michelle Cohen

  Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and state attorney generals can, and do, enforce the TCPA. In fact, the FCC recently issued citations to Lyft, the ride-sharing service, and First National Bank (“FNB”). Under the Communications Act,…

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The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

August 13, 2015

The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements

By: Ifrah Law

  Car dealerships are notorious for running loud, flashy ads with too-good-to-be-true offers for outrageous deals to buy or lease cars.  Some dealerships downplay or even hide the seemingly endless list of qualifications on those offers which render many potential buyers ineligible for the deals, much to the irritation of misled consumers.  The FTC has taken action to stop these misleading practices by continuing its…

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State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

July 9, 2015

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

By: Michelle Cohen

  Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential data breach at its hotel chain. If you visited the…

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Free* to Play Means Only If You Pay

June 17, 2015

Free* to Play Means Only If You Pay

By: Ifrah Law

  As online gaming companies compete for business, they are offering customers increasingly large incentives to play on their websites, often in the form of deposit bonuses.  These deposit bonuses allow players to play with the bonus money as if it’s cash and keep the winnings (although players cannot cash out the bonus itself). However, some players and regulators believe that some of these promotions are…

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FAIL: For-Profit Education Sector Dealt Major Blow

June 1, 2015

FAIL: For-Profit Education Sector Dealt Major Blow

By: Nicole Kardell

  For-profit education was dealt a major blow in a federal court case challenging the Department of Education’s Gainful Employment Rule. U.S. District Court Judge Lewis Kaplan of New York dismissed a lawsuit that was filed last November by the Association of Proprietary Colleges. The lawsuit is one of two filed in federal court shortly after the Department of Education issued its revised version of…

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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

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