Legal Authorities and Comparative Law in International Commercial Arbitration
October 14, 2019

S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published, “Legal...

Netflix’s Flawed Arbitration Agreement and a Recent Sixth Circuit Opinion
September 26, 2019

Earlier this week, when I was trying to access Netflix on my television with my kids, Netflix would not allow me to view...

Who Decides Who Decides? – The Turf War Continues
September 23, 2019

When you see me in the street, you can tell that I’m a pro-arbitration kind of guy. I wear my FAA hoodie, usually with...

Bargaining in the (Murky) Shadow of Arbitration
September 17, 2019

Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law,...

Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post
September 16, 2019

In general, courts try to divide contracts into either clickwraps or browsewraps. A reminder that I only use those terms to mock them for several reasons, including (1) those terms are not robust enough to cover the range of UIs encountered in the field; and (2) the classification does not always help courts reach a conclusion. As the court candidly acknowledges, the “relevant law shows that courts have not been uniform in their treatment of ‘clickwrap’ or ‘browsewrap’ agreements.” Like...

Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice
September 15, 2019

A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated...

Companies Cannot Impose Arbitration by Stealth
September 7, 2019

U.S. District Judge William Orrick (ND CA) has just held that companies must still provide online customers with adequate...

Still Seeking Injunctive Relief . . .
September 5, 2019

A long-litigated dispute about arbitrability reached its latest stage in Archer & White Sales, Inc. v. Henry Schein,...

Fifth Circuit, on Remand from Supreme Court, Gives Guidance on Drafting Arbitration Clauses
September 4, 2019

Earlier this week, on remand from the Supreme Court, the Fifth Circuit issued its decision in Archer & White...

Class Action Waivers Are Okay, But Waivers of Public Injunctive Relief Aren’t
August 23, 2019

All three cases address whether a rule articulated by the California Supreme Court in McGill v. Citibank, N.A., 2 Cal.5th...