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Timeline - a guide to the legal milestones ahead - May 2014
  • Herbert Smith Freehills LLP
  • European Union
  • May 1 2014

This is a guide to key legal developments in the coming months and years ahead (UK perspective).The developments include changes in employment law

Arbitration in outer space
  • Fenwick Elliott Solicitors
  • United Kingdom
  • December 31 2012

I could not resist the title, but in fact rules for arbitration relating to space law were launched in December 2011. This is not, of course, strictly

Ofcom decision on alternative dispute resolution schemes
  • CMS Cameron McKenna
  • United Kingdom
  • October 31 2012

The Communications Act 2003 places a duty on Ofcom to secure the availability of Alternative Dispute Resolution schemes for domestic and small business customers

Defendant waived arbitration rights by failing to assert affirmative defense
  • Katten Muchin Rosenman LLP
  • USA
  • February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act

Ninth Circuit finds revised class action ban in arbitration agreement unconscionable
  • Jorden Burt LLP
  • USA
  • December 21 2009

The Ninth Circuit Court of Appeals held that a "new twist" on the previously addressed issue of when an arbitration provision barring aggregation of individual claims is unconscionable did not command a new result

Ninth Circuit applies Oregon law to find class action waiver unenforceable
  • Jorden Burt LLP
  • USA
  • May 1 2009

The Ninth Circuit recently concluded that a district court improperly dismissed a consumer class action pursuant to an arbitration agreement between a wireless provider and its customers, holding that the agreement’s class action waiver was unconscionable and therefore unenforceable under Oregon law

Federal district court in West Virginia approves arbitration agreement with class action waiver
  • Ballard Spahr LLP
  • USA
  • February 19 2010

A federal court in West Virginia has concluded that the arbitration agreement used by AT&T Mobility is valid and enforceable despite the agreement's ban on class actions

London court awards Vivendi $2.41 billion in dispute over Polish wireless stake
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • France, Poland, United Kingdom
  • February 27 2009

French media conglomerate Vivendi received a long-awaited boost in its effort to win back its stake in Polish wireless carrier Polska Telefonia Cyfrowa (PTC), as a tribunal associated with the London Court of International Arbitration ordered Elektrima Polish utility firm that once partnered with Vivendi in PTCto pay the French firm US $2.491 billion in damages and interest

AT&T’s revised class action waiver found unconscionable
  • Morrison & Foerster LLP
  • USA
  • December 8 2009

In a class action claiming that AT&T’s offer of a "free" phone to anyone who signed up for its service was fraudulent to the extent AT&T charged the new subscriber sales tax on the retail value of each "free" phone, the Ninth Circuit affirmed the denial of the telephone company’s motion to compel arbitration on the ground that the arbitration clause contains an unconscionable class action waiver

Judge invalidates AT&T arbitration clause, allows class action suit to proceed
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • May 29 2009

Customers of AT&T Mobility who claim they were forced to pay additional fees following AT&T’s 2004 merger with Cingular will be allowed to proceed with a class action suit against the company as a result of a federal district court ruling that invalidated arbitration provisions written into the AT&T subscriber contract