Consumer Counterpoint: Episode 21 – Arbitration Provisions (Video)

The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017).

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.

The First Circuit Court of Appeals recently affirmed the dismissal of a securities fraud class action against a biopharmaceutical company, ruling that literally true statements about clinical trial results were not actionable half-truths under securities law. The decision centered on whether the company's statements about the absence of retinal vasculitis cases in drug trials were misleading, despite following FDA-approved protocols that plaintiffs argued were insufficient to detect the condition.

O'Reilly Auto Parts and its BigLaw counsel agreed to pay $18.8 million to settle a TCPA class action involving SMS messages to numbers on the DNC list, despite the claim potentially being invalid under recent Seventh Circuit precedent. The settlement, reached just weeks after oral arguments suggested SMS messages may not constitute "telephone calls" under the TCPA, could result in over $6.2 million in attorney fees while class members receive modest payouts for claims that may not legally exist.

A federal judge has ruled that documents created by a client using a commercial AI tool and shared with counsel are not protected by attorney-client privilege or work product doctrine. The landmark decision raises critical questions about confidentiality expectations when clients use consumer-grade AI platforms to prepare legal materials, potentially exposing sensitive litigation strategies to discovery.

A company that receives a demand letter under California’s Consumers Legal Remedies Act (CLRA) should assume that a California consumer class action may be coming.

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.

The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements.

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.

U.S. Citizenship and Immigration Services has issued Individual Notices permitting certain Salvadoran Temporary Protected Status beneficiaries to demonstrate continued work authorization through September 9, 2026. This development arrives weeks after most TPS-based Employment Authorization Documents expired, creating challenges for employers and employees navigating reverification procedures and compliance requirements.

In February 2016, China's General Office of the State Council issued its Opinion on Strengthening Management of the Service for Foreigners' Permanent Residency, setting out a framework for the development of less restrictive...

The Small Business Administration has proposed significant changes to size standards that determine whether companies qualify as small businesses for federal contracting purposes. Understanding these numerical thresholds and their implications is crucial for contractors navigating the government marketplace.

The EU Cyber Resilience Act introduces mandatory cybersecurity requirements for products with digital elements sold in the European market, establishing a comprehensive framework for hardware and software security. Starting September 11, 2026, manufacturers face new reporting obligations for actively exploited vulnerabilities and severe security incidents, with strict timelines ranging from 24 hours to one month depending on the type of report.

California lawmakers have sent Senate Bill 690 to Governor Gavin Newsom, teeing up a narrowing of website-tracking litigation under the California Invasion of Privacy Act (CIPA), who has until September 30 to sign or veto the legislation. If signed, the bill would eliminate private lawsuits asserting website-based “pen register” and “trap and trace” claims under Section 638.51 of CIPA. For businesses that have received demand letters or are defending lawsuits premised on routine website technologies—such as cookies, pixels, analytics tools, or similar tracking technology—the bill would offer relief from certain types of claims asserted under CIPA.

The EFAA creates an exception to the Federal Arbitration Act (“FAA’) by allowing a person alleging conduct constituting workplace sexual harassment or sexual assault to invalidate arbitration agreements and to pursue his or her claims in court. 9 U.S.C. §§ 401–02.

Landmark legislation in the United Arab Emirates (the "UAE") has recently been passed which formalizes a framework to allow for relaxed rules on foreign investment into the country and, most importantly, for 100% of foreign ownership in certain sectors.