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Canada: Private Arbitration Clauses, Class Action Waivers And Canada’s Competition Act - Norton Rose Canada LLP

The Federal Court of Appeal’s recent decision in Murphy v Amway Canada Corp. has clarified the findings in Seidel v TELUS Communications confirming that in the absence of express statutory language overriding mandatory arbitration agreements and class action waivers, courts will continue to give effect to the parties’ agreements to arbitrate individually and not by class action.

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United States: FINRA: The FAA Requires Enforcement Of Judicial Class Action Waiver In Pre-Dispute Arbitration Agreement But Does Not Preempt FINRA Rules Permitting Consolidation Of Multiple Parties' Claims - Proskauer Rose LLP

On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class actions when a customer executes a pre-dispute agreement waiving a right to class action claims.

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United States: Universities Need To Protect Their Intellectual Property: Recent Decisions From The Federal Circuit And The United States Supreme Court That Impact Intellectual Property Agreements - Jeffer Mangels Butler & Mitchell LLP

A number of recent Federal Circuit decisions and a decision from the United States Supreme Court have highlighted the importance of assignment clauses in the transfer of intellectual property, particularly patents, at universities.

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United States: Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action - Sheppard Mullin Richter & Hampton

The California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v. Concepcion, 131 S. Ct. 1740 (2011) by holding that the Federal Arbitration Act preempts any right to a class action under the California Consumers Legal Remedies Act, and class action waivers in arbitration agreements governed by the FAA are therefore enforceable.

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United States: California Court Criticizes Prior Case Law Invalidating Class Action Waivers, Then Punts To State Supreme Court - Proskauer Rose LLP

California law involving classwide wage-and-hour arbitration continues to evolve in the aftermath of the United States Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), which generally prohibits states from requiring additional due process guarantees (not required under the Federal Arbitration Act) for enforcing arbitration agreements.

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