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SCOTUS Hits the Arbitration Certiorari Trifecta: What’s in Store for Financial Industry Arbitration?
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By George H. Friedman*

SAC Board Member and Contributing Legal Editor

Having already agreed to review two arbitration-centric cases next Term,

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We Called It. SCOTUS Narrowly Holds that the FAA Trumps the NLRA
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In a narrow 5-4 decision split along ideological lines, the Supreme Court on May 21 held in Epic Systems Corp. v. Lewis,

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“Arb Rule, We Hardly Knew Ye.” CFPB Arbitration Rule Likely To Be No More (And Never Was)
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The Consumer Financial Protection Bureau’s (“CFPB”) Final Rule on arbitration, which went into effect on September 18, was retroactively nullified by Congress on October 24,

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SCOTUS Hears Oral Argument in Lewis FAA Preemption Case. Lots of Questions for All Sides
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Oral argument took place October 2nd before the Supreme Court in Epic Systems Corp. v. Lewis, 137 S.Ct. 809 (2017), the first case of the Court’s new Term.

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Divided Fifth Circuit: Class Action Waivers OK Even Though Not in Arbitration Clause
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A “bare” class action waiver in an employment contract was enforceable even though it was not part of an arbitration clause, a divided Fifth Circuit holds.

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CFPB Issues Final Arbitration Rule. Predispute Arbitration Agreements Permitted but Class Action Waivers Banned. Reg Requires Submission of Arbitration Data; Carves Out SRO Arbitration
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The Consumer Financial Protection Bureau (“CFPB”) on July 10 issued its long-anticipated arbitration rule, with few surprises.

Recall that Dodd-Frank section 1028 directs the CFPB to study the use of PDAAs in contracts for consumer financial products and services and later report to Congress,

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