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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FTC Seeking Information From 9 Data Brokers in Industry Probe

December 20, 2012

FTC Seeking Information From 9 Data Brokers in Industry Probe

By: Ifrah Law

On December 18, 2012, the Federal Trade Commission issued orders requiring nine data brokerage companies to provide the agency with information on how they collect data from consumers and use it. The nine companies asked to provide this data to the FTC include Acxiom, Datalogix, Intellius and Peekyou. Data brokers are companies that collect personal information about consumers from a variety of sources, both public…

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FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers

December 3, 2012

FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers

By: Michelle Cohen

The Federal Communications Commission recently ruled that companies may send a one-time text message confirming a consumer’s opt-out of texts without violating the Telephone Consumer Protection Act (“TCPA”), and potentially facing large class action lawsuits. This pro-business ruling represents a victory for SoundBite, the company that sought a declaratory ruling from the FCC, as well as for other businesses that use mobile texting to communicate…

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CFPB, FTC Announce Crackdown on Deceptive Mortgage Advertising

November 20, 2012

CFPB, FTC Announce Crackdown on Deceptive Mortgage Advertising

By: Ifrah Law

On November 19, 2012, the Federal Trade Commission and the Consumer Financial Protection Bureau announced that they have launched a new coordinated effort to protect consumers, focusing on mortgage advertisements that they say are deceptive. The CFPB and the FTC worked together to review roughly 800 mortgage ads. These ads were produced by entities involved in different aspects of the mortgage process, including mortgage brokers…

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Congress Continues to Examine Data Brokers’ Practices

November 13, 2012

Congress Continues to Examine Data Brokers’ Practices

By: Michelle Cohen

The chairmen of the Congressional Bipartisan Privacy Caucus just released the responses they received from nine major data brokers whom they queried in July about how each broker collects, assembles and sells consumer information to third parties. In their responses, the nine companies — Acxiom, Epsilon, Equifax, Experian, Harte-Hanks, Intelius, Fair Isaac, Merkle and Meredith Corp. – generally asserted that they were not data brokers….

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Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain

November 2, 2012

Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain

By: Ifrah Law

A recent decision by a federal judge in California has brought ICANN’s broad authority over the domain name system once again into question. Manwin Licensing International – perhaps the most lucrative provider of online adult-oriented content – brought an antitrust action against ICANN arising from the establishment of the .xxx top-level domain and the award of the registry contract for .xxx to ICM Registry. Manwin…

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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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