Thanks to @profstephenware.bsky.social for alerting me to the arbitration provision in Yahoo’s new terms of service. Cleverly designed to force claimants to choose between batch arbitration and individual court claims. An arbitration clause designed to prevent individual arbitration, which is precisely what the Federal Arbitration Act is supposed to facilitate!

#law #ToS #arbitration #BatchArbitration #Tech

https://lawprofessors.typepad.com/contractsprof_blog/2025/06/yahoo-has-released-the-new-terms-of-service-with-the-most-confusing-arbitration-provision-yet-1.html

Back in October, the Ninth Circuit affirmed a District Court determination that Live Nation’s batch arbitration scheme is unconscionable. Is it ever! The opinion is scathing but also legally bold.

#law #contracts #arbitration #LiveNation #MassArbitration #BatchArbitration

https://lawprofessors.typepad.com/contractsprof_blog/2025/03/big-mass-arbitration-decision-from-the-ninth-circuit.html

How are corporations responding to mass arbitration? Drexel Law's Richard Frankel has undertaken the first empirical study, and it is revealing, mostly of the lengths to which corporations will go to evade accountability.

#law #contracts #arbitration #MassArbitration #BatchArbitration #Scholarship #academia

https://lawprofessors.typepad.com/contractsprof_blog/2024/04/richard-frankel-on-the-corporate-response-to-mass-arbitration.html