Another One Bites the Dust: Dropbox Adds Arbitration Clause

March 07, 2014

It is difficult to be a consumer these days without being subjected to arbitration agreements. Most banks, cell phone companies, cable providers and major corporations include an arbitration agreement in their terms of service. Dropbox is one of the more

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The Comcast-Time Warner Cable Merger: A Cause for Concern

March 03, 2014

On February 13, Comcast Corporation announced its agreement to acquire Time Warner Cable in a $45.2 billion stock-for-stock transaction.  The merger of the nation’s two largest cable companies and the first and third largest Internet service providers would create a

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Important Considerations For Student Loan Co-Signers

February 03, 2014

American consumers owe more than $150 billion in outstanding private student loan debt.  For some fortunate enough to have a family member with a solid credit history to co-sign on those loans, they may be able to save a bit

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Supreme Court Puts Securities Class Actions on the Chopping Block

November 19, 2013

On Friday the Supreme Court agreed to hear a case that threatens to kill securities class actions. Petitioners in Halliburton Co. v. Erica P. John Fund, Inc. have asked the Court to reconsider a quarter-century-old precedent that has served as

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Proposed FDA Rule Allows Generic Drug Manufacturers to Update Labeling

November 13, 2013

After much anticipation, the U.S. Food and Drug Administration (FDA) has taken action to place responsibility on generic drug manufacturers to provide adequate warnings to consumers, and hold them legally liable for their failure to do so.  Currently, federal law

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Sixth Circuit Reviews Classwide Arbitration

November 11, 2013

In Reed Elsevier, Inc. v. Crockett, Case No. 12-3574, the United States Court of Appeals for the Sixth Circuit struck yet another blow to consumers whose contracts of adhesion force arbitration of any disputes.  Prior to Crockett, in some cases,

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JP Morgan Chase Expected to Pay Record Settlement

October 24, 2013

The story of banking giant JPMorgan Chase’s $13 billion settlement has been in heavy rotation on network and cable news outlets this week, as it should be. This settlement is the largest ever between a single company and the U.S.

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A Proposed Change to the Federal Rules of Civil Procedure: Addressing Spoliation of Evidence

September 11, 2013

The problem is familiar: a party fails to preserve some document or thing that would have been discoverable under the Rules, and possible evidence is lost. Years ago, these spoliation of evidence disputes arose most often in accident litigation, such

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A Hero

August 27, 2013

I just finished a book about our profession at its very best. The book is Devil in the Grove, by Gilbert King.  A 2013 Pulitzer Prize winner for Non-Fiction, Devil in the Grove tells the story of a criminal trial

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Utter Lunacy: Supreme Court strips individuals of their right to vindicate their claims in court, and Congress is in no hurry to un-do the damage

June 25, 2013

Building upon the absurd precedent created in AT&T Mobility v. Concepcion, this past Thursday, the Supreme Court issued an opinion which held that mandatory, binding arbitration clauses and class action waivers are enforceable, even if the cost of arbitrating an

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