Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
The U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration
The U.S. Supreme Court has held that a state law requiring the availability of class-wide arbitration interferes with the “fundamental attributes of arbitration” and creates a scheme inconsistent with the Federal Arbitration Act (AT&T Mobility LLC v. Concepcion, U.S., No. 09-893, 4/27/11). The ruling is significant win for corporations seeking to resolve consumer and employee…
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