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Ankura's Performance Improvement team outlines the critical need for strategic planning due to imminent tariff changes impacting U.S. supply chains.

Just over two years ago, the Supreme Court issued its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempted a state rule that class action waivers are unconscionable. Since that time, some courts have sought to limit that decision, either by finding that Concepcion is limited to state law claims or by concluding that Concepcion does not apply if plaintiffs can demonstrate that the high cost of individual arbitration and the limited nature of any award