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

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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

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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 job placement

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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

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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)

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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

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Two Minutes for Discriminating: The Newest Penalty for Federally-Contracted Companies

August 15, 2014

Consumers and workers rejoice while large corporations wallow. Just two weeks ago, President Barack Obama signed an executive order that not only tackles labor law-breaking companies, but also prohibits mandatory arbitration to settle workplace discrimination and civil rights grievances. The

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Time to Block “Glocks vs. Docs”

August 08, 2014

At a time when gun violence is running rampant in Chicago and across the nation, I am floored by the 11th Circuit’s decision to vacate an injunction against enforcement of Florida’s Firearm Owners Privacy Act (“Act”). The Act, also known

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The Latest Fight Over the State-Action Antitrust Immunity Doctrine

August 05, 2014

Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the North Carolina State Board of Dental Examiners (“Board”).  Years ago, the Board had barred non-dentists from providing teeth-whitening services, prompting

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Victims With No Redress: The Recent Rise and Fall of Data Breach Class Actions

July 24, 2014

Earlier this week, the e-commerce website e-Bay was sued in federal court in Louisiana for allegedly failing to implement adequate security measures to protect the identities of its millions of customers.  e-Bay announced in May that there had been unauthorized

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