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Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach. This article explores:
Arbitration can provide an effective and efficient means of resolving disputes for all parties involved. The prospect of efficient, out-of-court resolution has prompted many companies to insert a binding arbitration clause in most of their consumer contracts. Following the Supreme Court decision in AT&T Mobility LLC v. Concepcion, companies have included consumer-friendly and conscionable arbitration provisions that require the company to pay any arbitration filing fees regardless of which party initiates the arbitration. These arbitrations usually come packaged with class action and jury trial waivers.
The widespread use of consumer arbitration clauses, coupled with the liberal federal policy favoring arbitration under the Federal Arbitration Act, has drawn the ire of many plaintiffs' attorneys, who are effectively blocked from pursuing many consumer actions or class actions in court. Another subset of the plaintiffs' bar, however, has sought to leverage these arbitration clauses into quick settlements. Enter the mass arbitration.
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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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