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Lawsuit Challenging the Department of Labor’s Ban on Class Action Waivers in Arbitration Filed in N. D. Texas

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by Beth Graham

Thursday, Jun 02, 2016


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Yesterday, the Chamber of Commerce of the United States of America, the Securities Industry and Financial Markets Association, the Texas Association of Business, and a number of other organizations filed a lawsuit over the U. S. Department of Labor’s regulations regarding fiduciary conflict of interest rules for retirement plans.  One of the counts filed in the in the Northern District of Texas challenges regulation provisions that limit a business’s ability to include a class action waiver in its arbitration agreements.  According to the plaintiffs, this restriction violates both the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the Administrative Procedure Act, 5 U.S.C. § 500 et seq.

The full text of the complaint is available on the U.S. Chamber of Commerce Litigation Center’s website.

Hat tip to Merril Hirsh at Troutman Sanders, LLP for alerting Disputing to this interesting lawsuit!

Photo credit: Paul Varuni via Foter.com / CC BY

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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