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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…
Inside the Privacy Event Keynoted By FTC Chair Leibowitz
October 19, 2011
Inside the Privacy Event Keynoted By FTC Chair Leibowitz
By: Nicole Kardell
Federal Trade Commission Chairman Jon Leibowitz delivered the keynote speech at a forum on Internet privacy on Oct. 11, 2011. He was part of a panel that discussed the protection of consumer data and the tracking of online consumer behavior. The Stanford Law School Center for Internet and Society also released a study the same day showing that data collection on the Internet is not…
Is It a Real Breast Cancer Cause – Or ‘Pinkwashing’?
October 5, 2011
Is It a Real Breast Cancer Cause – Or ‘Pinkwashing’?
By: Nicole Kardell
October is Breast Cancer Awareness month. And pink is everywhere – all over the shelves of retail stores like Wal-Mart and adorning the backs of NFL linemen. We’ve been trained to know that the color pink represents a supporter of breast cancer awareness or research. So sporting a pink ribbon, jersey, or band should demonstrate that you have put some of your dollars toward the…
FTC Is Asked to Crack Down on ‘Supercookies’ as Data Privacy Violation
September 28, 2011
FTC Is Asked to Crack Down on ‘Supercookies’ as Data Privacy Violation
By: Nicole Kardell
The bastard stepchild of online behavioral advertising – the supercookie – is in the hot seat. Two members of the House of Representatives sent a letter to the FTC on September 27 calling on the commission to look into the usage and impact of supercookies on consumers. Reps. Ed Markey (D-Mass.) and Joe Barton (R-Tex.), co-chairmen of the bipartisan privacy caucus in the House, sent…
Prepaid Phone Companies Dial a Wrong Number at the FCC
September 12, 2011
Prepaid Phone Companies Dial a Wrong Number at the FCC
By: Nicole Kardell
Companies marketing prepaid phone cards should be on the lookout: the Federal Communications Commission is threatening more-severe penalties for deceptive advertising. The prepaid phone card business is pretty profitable, with the industry raking in billions every year. Plastering phone cards with names like “Africa Magic” and “Hola Amigo,” prepaid calling card companies target immigrant populations, advertising thousands of minutes of talk time to immigrants’ native…
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
August 29, 2011
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
By: Jeff Ifrah
In an unusual and little-noticed recent settlement, Google Inc. has agreed to pay a forfeiture of $500 million because it permitted Canadian pharmacies to advertise to United States consumers on its site using Google AdWords, resulting in the illegal sale of prescription drugs through online channels into the United States between 2003 and 2009. The U.S. Department of Justice announced this agreement on August 24,…
