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Cal. High Court Softens Draconian Arbitration Fee Rule

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 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…

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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…

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FTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act

August 16, 2013

FTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act

By: Ifrah Law

This week the Federal Trade Commission entered into a consent decree with Certegy Check Services, one of the nation’s check authorization service companies, pursuant to which Certegy has agreed to pay $3.5 million to settle charges that it violated the Fair Credit Reporting Act (FCRA).  This massive penalty – the second largest ever – reinforces the perception that the FTC will continue vigorous enforcement against…

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Google Glass Sounds Exciting — But What About Privacy?

July 18, 2013

Google Glass Sounds Exciting — But What About Privacy?

By: Ifrah Law

Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other mobile devices, take pictures, record videos, and access search engines to respond to user queries. But unlike a smartphone, the device’s optical head-mounted display, voice recognition, and front-facing…

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FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

June 30, 2013

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

By: Michelle Cohen

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other search engines must also maintain clear disclosures to the public about sponsored content in search results. On June 24, 2013, in a series of letters to general search engines such as…

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Affiliate Marketers Need to Be Aware of the CFTC

June 23, 2013

Affiliate Marketers Need to Be Aware of the CFTC

By: Ifrah Law

Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the U.S. Commodity Futures Trading Commission (CFTC), which regulates these markets….

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Wyndham Case Challenges FTC’s Authority Over Cybersecurity

June 12, 2013

Wyndham Case Challenges FTC’s Authority Over Cybersecurity

By: Ifrah Law

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain more stringent data-security practices. No company has ever challenged the FTC’s authority to regulate cybersecurity in this way in court – until now. On June 17, 2013, a federal court will finally get a…

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Articles and Presentations by Our Firm Attorneys

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

Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape

Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape
By: Abbey Block

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