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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…
FTC Obtains Injunction, Asset Freeze on Alleged Mortgage Scam
April 2, 2012
FTC Obtains Injunction, Asset Freeze on Alleged Mortgage Scam
By: Steven Eichorn
The Federal Trade Commission has obtained an order from the federal court for the Central District of California for a preliminary injunction and asset freeze against all the defendants in an alleged mortgage modification scam. The complaint was filed against California-based Sameer Lakhany and a number of related corporate entities for violating the Federal Trade Commission Act and the Mortgage Assistance Relief Services Rule, now…
Identity Theft Continues to Top FTC’s List of Consumer Complaints
March 26, 2012
Identity Theft Continues to Top FTC’s List of Consumer Complaints
By: Ifrah Law
For more than a decade, the Federal Trade Commission has been releasing its list of the top ten categories of consumer complaints received by the agency in the previous year. This list always serves as a good indication of the areas toward which the FTC may choose to direct its resources and increase its scrutiny. For the 12th year in a row, identity theft was…
How Zappos Defused a Potential Online Privacy Crisis
March 23, 2012
How Zappos Defused a Potential Online Privacy Crisis
By: Ifrah Law
When hackers breached the computer systems of online retailer Zappos.com in January, they gained access to the personal information of up to 24 million customers. The information included customer names, billing and shipping addresses, email addresses, and phone numbers. In a predictable response, customers immediately filed federal class action lawsuits against Zappos, and the attorneys general of nine states sent a joint letter to the…
Developers of New Apps Need to Consider Privacy Issues
February 22, 2012
Developers of New Apps Need to Consider Privacy Issues
By: Nicole Kardell
There’s been much talk of Google’s upcoming streamlined privacy policy. Now come new demands for cleaner, user-friendly data collection and usage disclosures in the mobile app world. Two recent events highlight changes that online advertisers and app developers need to prepare for: (1) a letter from Congressmen Henry Waxman and G.K. Butterfield to Apple regarding the security of user address books and contacts stored on…
HCG Marketers Face Hot Pursuit by FDA, FTC
January 8, 2012
HCG Marketers Face Hot Pursuit by FDA, FTC
By: Nicole Kardell
Putting a snag in New Year’s resolutions for pound-shedding, the FDA and the FTC recently sent out warning letters to several companies that sell HCG-based diet products online. (These companies include Nutri-Fusion Systems LLC, Natural Medical Supply, HCG Platinum, LLC, theoriginalhcgdrops.com, HCG Diet Direct, LLC, and Hcg-miracleweightloss.com.) The warning letters, which came at the outset of the holiday season (and just before the January windfall…
