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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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District Court Rules that Robots Can’t Hold a Copyright

September 14, 2023

District Court Rules that Robots Can’t Hold a Copyright

By: Abbey Block

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be a foregone conclusion – particularly in a world where artificial…

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Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides

July 10, 2023

Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides

By: Michelle Cohen

The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act.  They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has repeatedly stated that the FTC Act and the agency’s rules…

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CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem

June 26, 2023

CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem

By: Jake Gray

The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according to CFTC Chairman Rostin Behnam.[1] On June 8th, 2023, U.S….

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INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

June 23, 2023

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

By: Michelle Cohen

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law in December 2022 to protect consumers from counterfeit, unsafe, and…

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Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?

May 22, 2023

Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?

By: Abbey Block

When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In early April, Reuters reported that a regional Australian Mayor, Brian…

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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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