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All articles tagged '"class action"'
91 articles found
New Treasury Department Report Recommends SEC Allow Shareholder Arbitration
By Beth Graham - October 10, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial market rules. The report titled “A Financial System That Creates Economic Opportunities Capital Markets” was prepared in response to Executive Order 13772, which was issued in early February.
Online Arbitration as a Remedy for Crowdfunding Fraud
By Beth Graham - August 21, 2017
C. Steven Bradford, Henry M. Grether, Jr. Professor of Law at the University of Nebraska College of Law, has published “Online Arbitration as a Remedy for Crowdfunding Fraud,” Florida State University Law Review, Forthcoming.
SCOTX Grants Petition for Review of Individual Arbitration Order in Payday Lender Case
By Beth Graham - June 26, 2017
The Supreme Court of Texas has granted a group of payday loan customers’ request to review a putative class action case after the Fourth Court of Appeals in San Antonio ordered the customers to individually arbitrate their claims.
The Uberization of Arbitration Clauses
By Beth Graham - June 2, 2017
Professor Jill I. Gross, Elisabeth Haub School of Law at Pace University, has published “The Uberization of Arbitration Clauses,” Penn State Yearbook on Arbitration and Mediation, Forthcoming.
Free-Market Failure: The Wells Fargo Arbitration Clause Example
By Beth Graham - May 9, 2017
Jeff Sovern, Professor of Law at St. John's University School of Law, has written “Free-Market Failure: The Wells Fargo Arbitration Clause Example,” 70 Rutgers U.L. Rev. (Forthcoming); St. John's Legal Studies Research Paper No. 17-0004.
9th Circuit Upholds Employer’s Dispute Resolution Agreement Banning Collective Action
By Beth Graham - March 15, 2017
The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.
Texas Federal Court Holds New DOL Regulations Do Not Violate the FAA
By Beth Graham - February 15, 2017
The Northern District of Texas has ruled new Department of Labor (“DOL”) regulations that would require financial institutions to preserve an investor’s right to bring or participate in a class action do not violate the Federal Arbitration Act (“FAA”).
NLRB Trend Citing Murphy Oil in Class Waiver Cases Continues
By Beth Graham - December 21, 2016
Late last month, a National Labor Relations Board (“NLRB”) administrative law judge issued an order in Private National Mortgage Acceptance Co., LLC and Richard Smigelski, No. 20-ca-170020 (November 29, 2016).
Consumer Financial Protection Bureau Proposal Would Ban Mandatory Arbitration Provisions in Most Financial Contracts
By Beth Graham - May 10, 2016
The Consumer Financial Protection Bureau (“CFPB”) has proposed a plan to ban mandatory arbitration provisions in most consumer contracts entered into with banking institutions and credit card companies.
NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions
By Beth Graham - March 21, 2016
The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”
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