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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Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

April 10, 2023

Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

By: Nicole Kardell

Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1]  It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices.  It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost all data privacy laws.  Remarks made recently in a keynote…

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Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

April 6, 2023

Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

By: Abbey Block

Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly implemented on the federal level. In response to the largely…

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A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception

March 22, 2023

A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception

By: Abbey Block

               Artificial intelligence (“AI”) was once thought of as science fiction – something we could only see on a movie screen or read about in a comic book. But in recent years, the technology has become both accessible and popular, proliferating nearly every sector of society. From healthcare to the legal industry, AI technology has been praised for its…

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Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

October 28, 2022

Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

By: Michelle Cohen

Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections.  The San Francisco jury’s verdict marks a stunning development in…

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New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

October 4, 2022

New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

By: Jake Gray

California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.”  On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act (“the Act“) into law. The legislation, which was passed by…

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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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