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Dec 5, 2024 | 
mondaq.com | Andrew J. Pincus |Archis A. Parasharami |Kevin S. Ranlett |Daniel Jones
Abuse of the arbitration system by plaintiffs' lawyers
through the filing of mass arbitrations is by now well-documented,
including in a paper we authored for the Chamber of
Commerce's Institute for Legal Reform. Companies have responded
by revising arbitration agreements to address this abuse, and
arbitral forums have adopted new default rules to govern mass
arbitrations when the issue is not addressed in the arbitration
agreement.
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Aug 28, 2024 | 
mondaq.com | Matthew D. Ingber |Archis A. Parasharami |Andrew J. Pincus |Allison Aviki
Shout-out to a Mayer Brown team led by Matthew Ingber that
represented Spotify in fending off copyright infringement claims
from Eight Mile Style, the publisher of most of rapper Eminem's
catalogue. U.S. District Judge Aleta Trauger in Nashville granted
summary judgment last week to Spotify finding that EMS made a
"strategic choice" to hold off suing to "manufacture
infringement damages." "The doctrine of estoppel
disfavors that practice and, at least in this instance, forbids
it," she wrote.
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May 29, 2024 | 
mondaq.com | Andrew J. Pincus |Archis A. Parasharami |Daniel Jones
The plaintiffs in the Smith v. Spizzirri employment law
case prevailed 9-0. But in virtually all cases, it's defendants
who will benefit from the US Supreme Court's May 16
holding—that Section 3 of the Federal Arbitration Act
requires a stay of pending litigation when the underlying dispute
is subject to arbitration and a party requests a stay. And that
result is fully consistent with the text and structure of the
statute.
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Feb 28, 2024 | 
mondaq.com | Andrew J. Pincus |Archis A. Parasharami |Daniel Jones
Mayer Brown attorneys say some plaintiffs' attorneys
are piling up mass arbitration claims without investigating the
merits so that arbitration filing fees alone force businesses to
settle.
Some commentators are
celebrating the rise of mass arbitrations, but
there's little cause for celebration. The sole beneficiaries
of most mass arbitrations are the plaintiffs' lawyers who
reap huge fees from settlements. Often the settlement amounts are
wholly unrelated to the merits of the underlying claims.
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Feb 27, 2024 | 
mondaq.com | Andrew J. Pincus |Archis A. Parasharami |Kevin S. Ranlett
The American Arbitration Association (AAA) has announced updates
to its Mass Arbitration Supplementary Rules1 and its fee
schedules for consumer2 and employment3 mass
arbitrations.
These changes may ameliorate some of the worst abuses in recent
mass arbitrations and are a welcome development in that respect. But they do not come close to eliminating the risks associated with
abusive mass arbitrations.
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Feb 13, 2024 | 
mondaq.com | Andrew J. Pincus |Archis A. Parasharami |Megan Webster |Kevin S. Ranlett
The American Arbitration Association (AAA) has announced updates
to its Mass Arbitration
Supplementary Rules and its fee schedules for consumer and employment mass
arbitrations.
These changes may ameliorate some of the worst abuses in recent
mass arbitrations and are a welcome development in that respect. But they do not come close to eliminating the risks associated with
abusive mass arbitrations.
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Feb 9, 2024 | 
wlf.org | Andrew J. Pincus |Archis A. Parasharami |Kevin S. Ranlett |Glenn Lammi
By Andrew J. Pincus, Archis A. Parasharami, and Kevin S. Ranlett, partners with Mayer Brown LLP. * * * *The American Arbitration Association (AAA) has announced updates to its Mass Arbitration Supplementary Rules and its fee schedules for consumer and employment mass arbitrations. These changes may ameliorate some of the worst abuses in recent mass arbitrations and are a welcome development in that respect. But they do not come close to eliminating the risks associated with abusive mass arbitrations.
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Feb 8, 2024 | 
news.bloomberglaw.com | Andrew J. Pincus |Archis A. Parasharami |Daniel Jones
Some commentators are celebrating the rise of mass arbitrations, but there’s little cause for celebration. The sole beneficiaries of most mass arbitrations are the plaintiffs’ lawyers who reap huge fees from settlements. Often the settlement amounts are wholly unrelated to the merits of the underlying claims. Who’s hurt? Parties with legitimate claims and the consumers and workers who foot the bill for these unjustified settlements and the accompanying attorneys’ fees.
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Mar 14, 2023 | 
news.bloomberglaw.com | Daniel Jones |Archis A. Parasharami |Andrew J. Pincus
The US Supreme Court has repeatedly held that that the Federal Arbitration Act preempts efforts by state legislatures and state courts to invalidate arbitration agreements—in six separate rulings since the landmark decision in AT&T Mobility LLC v. Concepcion. But some states keep trying. Decisions by lower federal courts indicate that the Supreme Court’s message finally is getting through.
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Mar 14, 2023 | 
bnanews.bna.com | Daniel Jones |Archis A. Parasharami |Andrew J. Pincus
The US Supreme Court has repeatedly held that that the Federal Arbitration Act preempts efforts by state legislatures and state courts to invalidate arbitration agreements—in six separate rulings since the landmark decision in AT&T Mobility LLC v. Concepcion. But some states keep trying. Decisions by lower federal courts indicate that the Supreme Court’s message finally is getting through.
