SCOTUS Hears Oral Argument in Coinbase
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court heard oral argument this week in Coinbase, Inc. v. Bielski,

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Reminder: Oral Argument in Coinbase is March 21. What You Need to Know
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Reminder: Oral Argument in Coinbase is March 21. What You Need to Know

Reminder: as reported in SAA 2023-07 (Feb. 16), the Supreme Court has set for Tuesday,

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Strict Atalese Standard Doesn’t Apply to PDAA Between Sophisticated Parties
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By George H. Friedman, SAA Publisher & Editor-in-Chief

In a case of first impression, the New Jersey Appellate Division holds that the strict “waiver of jury trial” requirement for predispute arbitration agreements (“PDAA”) involving consumers articulated in Atalese and its progeny does not apply to PDAAs between sophisticated parties of relatively equal bargaining positions.

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Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).

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President Biden Signs Speak Out Act. Bars Enforcement of Predispute Nondisclosure or Nondisparagement Clauses in Sexual Assault or Harassment Disputes
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The President has signed into law a new statute barring enforcement of predispute nondisclosure or nondisparagement clauses in disputes involving sexual assault or harassment.

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Consumer Coalition to CFPB Director Chopra: Do Something About Mandatory Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A coalition of over a hundred consumer advocacy groups has written to CFPB Director Chopra,

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