Volume 1, Issue 1

Articles

Investor Protection Meets the Federal Arbitration Act

Barbara Black
Jill I. Gross
In the past three decades, most recently in AT&T Mobility LLC v. Concepcion, the United States Supreme Court has advanced an aggressive pro-arbitration campaign, transforming the Federal Arbitration Act (FAA) into a powerful source of anti-consumer substantive arbitration law. In the aftermath of AT&T Mobility, which upheld a prohibition on class actions in a consumer contract despite state law that refused to enforce such provisions on unconscionability grounds, efforts have been made to prohibit investors from bringing class actions or joining claims, including claims under the Securities Exchange Act of 1934 (the Exchange Act).
  • January 2013
  • 1 Stan. J. Complex Litig. 1
  • Article

Bargaining for Exclusive State Court Jurisdiction

Verity Winship
Modern jurisdiction of courts is overlapping and multiple, crossing court systems and state and national barriers. Nonetheless, ideas of territorial jurisdiction and “local” law persist, including in the ubiquitous examples of corporate law and insurance. Indeed, states have sometimes tried to “localize” their law, keeping cases within state territory.
  • January 2013
  • 1 Stan. J. Complex Litig. 51
  • Article

Federal Common Law and the Courts' Regulation of Pre-Litigation Preservation

Joshua M. Koppel
The unanimous view of the federal courts is that federal law imposes upon a party a duty to preserve relevant evidence from the time that the party can reasonably anticipate litigation. The courts regularly rule on the scope of that duty and impose sanctions for spoliation of evidence that occurs after that duty to preserve arises. The costs of the required preservation of evidence can be staggering and the potential sanctions for spoliation can determine the outcome of a case. Yet the source of the federal courts’ authority to impose this federal-law duty of preservation and to craft sanctions for spoliation that occurs before a federal action is commenced is uncertain.
  • January 2013
  • 1 Stan. J. Complex Litig. 101
  • Article