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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 Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts
June 28, 2024
The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts
By: George Calhoun
In a divided 5-4 decision, the Supreme Court held yesterday that “the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims against a non-debtor without the consent of affected claimants.” Harrington v. Purdue Pharma, L.P., __ U.S. __ (2024). Although there is a long history of nonconsensual third-party releases…
Will AI lead Google Paid Advertisers to Ask for a Refund?
June 27, 2024
Will AI lead Google Paid Advertisers to Ask for a Refund?
By: Jake Gray
In May 2024, Google unveiled a suite of new AI products as part of its strategy to reassert its position as a dominant powerhouse in all things technology. This approach includes revamping its Google Search functionality, the product after which it has a verb named, by incorporating its proprietary AI, named Gemini, into Search. Was this a smart move on Google’s part? Or does it…
Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House
May 31, 2024
Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House
By: Jordan Briggs
Despite being a frequent topic of discussion for government agencies and lawmakers, digital assets and their markets are still largely unregulated in the United States. This is due in part to the debate over which agency should be in control of creating an overarching regulatory framework for digital assets. Instead of proposing new regulatory schemes to fit the innovative technology, the debate in the US…
Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
May 16, 2024
Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
By: Abbey Block
It looks like it could be a “cruel summer” for the country’s largest concert promoter, Live Nation Entertainment and its subsidiary ticketing platform, Ticketmaster. In early April, the Wall Street Journal reported that the Department of Justice was preparing to file a lawsuit against the promoter, alleging that the company used its monopoly over the industry to prevent competition, harming consumers in the process. Indeed…
The FTC Kills Noncompetes
April 30, 2024
The FTC Kills Noncompetes
By: George Calhoun
In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses. Approximately 30 million Americans currently work under a non-compete clause. All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses…
