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Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California ( June 2005 )
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law. -
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration ( March 2005 )
It is common today for consumer goods and services purchase and financing agreements, and credit card agreements, to include a provision requiring disputes to be submitted to arbitration. These provisions identify the arbitration forum in which the dispute will be determined, and often spell out procedural requirements, limitations and other aspects of the process. -
Arbitration & Mediation (March 2004): When it Comes to Arbitration, Be Careful What You Ask For ( October 2004 )
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis. -
Findlaw Interview with Mark Jansen of Townsend and Townsend and Crew ( June 2004 )
Mark Jansen is a partner in Townsend and Townsend and Crew LLP's San Francisco office. He is a trial attorney whose practice includes antitrust, unfair business practice, business tort, intellectual property and other business dispute litigation. He recently prevailed in the case of POWERAGENT INC. v. ELECTRONIC DATA for his client, Electronic Data Systems, and discussed the case with FindLaw. -
Bullet-Proofing Your International Arbitration: 6 Important factors your lawyer should consider when writing your contracts ( January 2004 )
International traders inevitably encounter arbitration, or at least arbitration clauses. When all is said and done, commercial parties from one country will rarely agree to submit their disputes to the courts of their foreign commercial partners. Reprinted from <i>World Trade Magazine</i>, Copyright 2000. -
Be Cautious About Arbitration Clauses ( April 2003 )
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns. -
International Arbitration Clauses Keep Trading Partners on Track ( April 2003 )
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project. -
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes ( June 2002 )
The Texas Supreme Court recently provided private sector employers some good news concerning mandatory arbitration programs. The Court's latest decision makes it clear that arbitration agreements are here to stay and that the Court is tired of continued, unfounded attacks on the enforceability of such agreements, especially in the employment context.
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