Skadden Discusses Second Circuit Decision on Payment of Arbitration Fees

By Michael W. McTigue Jr., Meredith C. Slawe and Shaud G. Tavakoli September 11, 2025 by renholding

On September 2, 2025, the U.S. Court of Appeals for the Second Circuit held in Frazier v. X Corp., No. 24-1948, — F.4th —-, 2025 WL 2502133 (2d Cir. Sept. 2, 2025), that a district court cannot intervene in …

Cleary Gottlieb Discusses State and Federal Court Decisions on Consumer Arbitration

By Jeffrey Rosenthal, Ari MacKinnon, Nowell Bamberger, Jennifer Kennedy Park and Katie Gonzalez August 4, 2025 by renholding

Three recent court decisions relating to motions to compel arbitration provide insights as to how courts consider issues that commonly arise in the context of consumer arbitration.

On June 30, 2025, the United States District Court for the Southern District …

A New Cardinal Precept in Delaware Corporate Law

By Mohsen Manesh June 2, 2025 by renholding

In August 2024, Delaware enacted what are widely considered the most significant and controversial amendments to the state’s corporate statute in at least a generation. Principally, those amendments exalt freedom of contract over what was, in the words of the …

Skadden Discusses the Continued Abuse of Mass Arbitration

By Michael W. McTigue Jr. and Meredith C. Slawe April 22, 2025 by renholding

On April 15, 2025, the American Arbitration Association (AAA) distributed an infographic with statistics on mass arbitration in 2024, which could be read to suggest that the consumer mass arbitration process is functioning effectively. Those steeped in defending mass arbitrations, …

Cleary Gottlieb Discusses Second Circuit Decision on Consumer Arbitration Agreements

By Carmine Boccuzzi, Jr., Ari MacKinnon, Lina Bensman, Boaz S. Morag and Katie Gonzalez April 3, 2025 by renholding

On March 13, 2025, a divided Second Circuit in Davitashvili v. Grubhub Inc. affirmed in part and reversed in part a decision by the U.S. District Court for the Southern District of New York denying three major food delivery platforms’ …

Smart Contract Arbitration Should Balance Transparency With Anonymity

By Bahadir Köksal September 27, 2024 by renholding

In the rapidly evolving world of blockchain technology, smart contracts have emerged as a revolutionary tool for documenting transactions. These self-executing contracts, with terms transcribed directly into code, are designed to automate and enforce agreements without the need for intermediaries.

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Wachtell Lipton Discusses the Supreme Court’s Business Docket Last Term

By John F. Savarese, Kevin S. Schwartz, Noah B. Yavitz, Adam L. Goodman and Akua F. Abu July 16, 2024 by renholding

On July 1, the U.S. Supreme Court concluded its most consequential Term in years, with a flood of decisions on contentious issues ranging from abortion access to the regulation of social media companies and gun possession to presidential immunity. The …

Cleary Gottlieb Discusses Scotus Ruling on Who Decides If a Dispute Is Arbitrable

By Jeffrey Rosenthal, Carmine Boccuzzi Jr., Ari MacKinnon, Mark McDonald and Katie Gonzalez May 31, 2024 by renholding

On May 23, 2024, the United States Supreme Court unanimously held in Coinbase, Inc. v. Suski that where there are two competing contracts – one requiring the arbitration of disputes (including the arbitrator deciding whether a dispute is arbitrable), and …

Cleary Gottlieb Discusses Refusal of Delaware Bankruptcy Judge to Order Arbitration

By Lisa M. Schweitzer and Emily P. King April 10, 2024 by renholding

In a memorandum opinion and order issued on March 27, 2024, in In re Yellow Corporation, et. al., Judge Craig T. Goldblatt denied motions filed by multiemployer pension funds to arbitrate debtors’ objections to pension withdrawal liability claims in …

Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

By John F. Savarese, Kevin S. Schwartz, Noah B. Yavitz and Adam L. Goodman July 17, 2023 by renholding

As was true last year, the recently completed Supreme Court Term was marked by several high-profile and contentious decisions in which a conservative 6-to-3 majority, for example, ended race-conscious affirmative action in higher education, scuttled President Biden’s student debt relief …

ISS Reviews Shareholder Resolutions on Labor Issues

By Paul Hodgson November 2, 2022 by renholding

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Wachtell Lipton Discusses Important Supreme Court Business Cases

By John F. Savarese, Kevin S. Schwartz, Noah B. Yavitz and Adam L. Goodman July 6, 2022 by renholding

Last Thursday, the Supreme Court concluded its most tumultuous Term in recent memory. The Term was marked by a number of closely divided decisions on contentious issues ranging from President Biden’s vaccination mandate to gun rights to religious liberty. Anticipation …

Cleary Gottlieb Discusses End of Mandatory Arbitration for Sexual Misconduct Cases

By Jennifer Kennedy Park and Ye Eun Charlotte Chun March 14, 2022 by renholding

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act[1] into law. The law amends the Federal Arbitration Act (“FAA”) to prohibit the use of mandatory arbitration provisions to resolve sexual …

Cleary Gottlieb Discusses UK Supreme Court Decision on Law Governing Arbitration Agreement

By Andrés de la Cruz, Juan G. Giráldez, Carmine D. Boccuzzi, Jr., Jared Gerber and Manuel Silva November 24, 2020 by snehapandya

In an important decision for arbitration users, the U.K. Supreme Court has clarified how English law will determine the governing law of an arbitration agreement which provides for an English seat in the absence of an express choice of law. …

We the Shareholders: Government Market Participation in the Postliberal U.S. Political Economy

By Jon D. Michaels May 11, 2020 by renholding

In the middle decades of the 20th century, government officials broadened access to the courts, placing public law more at the center of traditionally private disputes. They professionalized and regularized criminal justice, which previously had been a somewhat, if not …

Corporate Governance for Regulation A+ Issuers

By Michael Friedman January 20, 2020 by renholding

Regulation A+, an exemption from registration that took effect in 2015 and allows small companies to issue stock to the general public, presents interesting questions of corporate governance.

The maximum offering size of $50 million means that most Reg A+ …

Skadden Discusses DOJ and the Arbitration Option for Merger Review

By Karen Hoffman Lent, Kenneth Schwartz and Heather Cicchese October 22, 2019 by hdh2120

After letting the option go unused for more than 20 years, the Antitrust Division of the Department of Justice recently announced it would use arbitration to settle its challenge of the proposed merger of two aluminum producers. In a press …

Prof. Coffee Testifies on Insider Trading Legislation Before the House Financial Services Subcommittee on Investor Protection

By John C. Coffee, Jr. April 3, 2019 by renholding

I am very happy and honored to be back before this committee. I have been asked to comment on several proposed bills, all of which I basically support, but I will focus my limited time today primarily on Congressman Himes’ …

The Case Against Infinite Arbitration Clauses

By David Horton March 25, 2019 by renholding

For decades, the Supreme Court has expanded the Federal Arbitration Act (FAA), and companies have inserted arbitration clauses in hundreds of millions of consumer and employment contracts. But in an article forthcoming in the University of Pennsylvania Law Review, …

SEC Chair Discusses Shareholder Proposals Seeking Mandatory Arbitration Provisions in Bylaws

By Jay Clayton February 12, 2019 by renholding

The issue of mandatory arbitration provisions in the bylaws of U.S. publicly-listed companies has garnered a great deal of attention. As I have previously stated, the ability of domestic, publicly-listed companies to require shareholders to arbitrate claims against them arising

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