Arbitration Clauses: Coming soon to a Online Customer Service Agreement near You

October 29, 2014

Earlier this year, I wrote about the online storage company Dropbox adding an arbitration clause to its customer service agreement. It seems Dropbox is in very good company on the Internet these days. According to New York Times blog “The

Read more


Generic Drug Labeling: The Saga Continues

October 22, 2014

Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic

Read more


You Might Be Able to Avoid Forced Arbitration, Even in 2014

October 06, 2014

The Seventh Circuit has recently upheld litigants’ rights to pursue their claims in court rather than in arbitration in two cases: Druco Restaurants, Inc. v. Steak ‘n Shake Enterprises, Inc. et al., No. 13-3489, 2014 U.S. App. LEXIS 16869 (7th

Read more


Corinthian Colleges, Inc. and the Misappropriation of the American Dream

September 30, 2014

Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint against Corinthian Colleges Inc., a publicly-traded, for-profit network of schools, accusing it of running a predatory lending scheme.[1] The complaint alleges, among other things, that Corinthian: inflated

Read more


Defense Can’t Have it Both Ways: Plaintiffs Need a Fair Shot at Discovery Before Defendants Move to Deny Certification

September 17, 2014

In the ever-evolving field of class action law, defense counsel are becoming more creative with their attempts to defeat class certification.  From preemptive motions to strike plaintiffs’ class allegations at the very beginning of the case, to creating a new

Read more


No Policy? No Problem: How Commonality Incentivizes Subjective Action

September 15, 2014

There is no denying the shortcomings of urban public education in America. In Chicago, high school graduation rates hover just over 50%, with 79% of its 8th graders labeled “Not Proficient” in reading on National Assessment of Educational Progress (NAEP)

Read more


Following the Proof, Post-Wal-Mart

August 18, 2014

In the three years since the Supreme Court issued its decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), lawyers representing workers in class actions have faced a recurring theme from defendants: employers point to the Wal-Mart decision

Read more