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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…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
April 1, 2024
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen
Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…
OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation
March 4, 2024
OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation
By: Jake Gray
On February 28th, 2024, the Wall Street Journal reported that the Securities and Exchange Commission (”SEC”) is investigating OpenAI’s internal communications following the board’s ousting and re-introduction of OpenAI CEO Sam Altman in November 2023. Importantly, the SEC’s scrutiny of OpenAI adds to the mounting legal and regulatory challenges faced by the company. As rationale for Altman’s expulsion, the board cryptically stated that Altman hadn’t…
Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?
February 16, 2024
Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?
By: Abbey Block
The popular electronic doorbell company, Ring, recently announced a change to its policy of sharing doorbell footage with law enforcement agencies. In a blog post, the company, which is owned by Amazon, revealed it will sunset the “Request for Assistance” tool, which allowed law enforcement agencies to request and access users’ doorbell footage through Ring’s “Neighbors” App. Ring’s electronic doorbells are utilized by an estimated…
2024, AI, and the Harnessing of the Wild West
January 10, 2024
2024, AI, and the Harnessing of the Wild West
By: Nicole Kardell
We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic. AI is making headlines in terms of legal battles and legislative developments. At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized use of their copyrighted works to build the popular ChatGPT. …
