Uncategorized

Employee Class Action Waiver Independent of Arbitration Clause

Uncategorized

Employee Class Action Waiver Independent of Arbitration Clause

The law of employee class action waiver has, to date, been entwined in the law of arbitration.  Agreements to arbitrate being heavily favored, courts have been reluctant to refuse to enforce agreements to arbitrate that also included agreements not to engage on collective remedies such as class actions.  Now, the...

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Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy with the February 2017 release of Terms and Conditions: The Graphic Novel, by Robert Sikoryak. The artist has taken the complete text of the iTunes Terms and Conditions and set them to graphic comics form.  Moreover, each...

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Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

I write from Beijing, where the two-day Conference of the Asian Mediation Association has been held, organized by the China Council for Promotion of International Trade (CCPIT) Mediation Centers.  I was very excited to return to Beijing after nine years' absence and to meet so many like-minded, but differently-situated, colleagues. The...

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ABA Business Law Meeting Features CFPB Panels

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ABA Business Law Meeting Features CFPB Panels

The upcoming Annual Meeting of the ABA Business Law Section in Boston (Sept. 8-10) features two opportunities to understand the various perspectives on recently promulgated proposed rules of the Consumer Financial Protection Bureau.  The rules, if they become effective, would (among other things) render unenforceable provisions of consumer agreements that...

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