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UNITED STATES – In a 5-4 decision, the U.S. Supreme Court recently held that classwide arbitration must be explicitly called for in an arbitration agreement to be enforceable. Specifically, the Court held that ambiguity as to whether the parties agreed to arbitration on a classwide basis cannot provide a “contractual basis” sufficient to compel class arbitration. Plaintiff Frank Varela filed the underlying lawsuit against his employer, Lamps Plus Inc., after a hacker gained access to…

UNITED STATES – In a groundbreaking decision handed down on January 25, 2019, the Illinois Supreme Court unanimously held that private entities cannot collect biometric data from consumers without their consent, pursuant to the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (“BIPA”). Crucially, the Court held that individuals have standing to bring a claim under BIPA even without a showing of actual harm. Plaintiff Stacy Rosenbach filed suit against Six Flags amusement…

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an arbitrator the question of whether the agreement applies to a particular dispute, courts have no power to decide…

Introduction On September 6, 2018, the Ninth Circuit Court of Appeals in California breathed fresh life into a case brought by a putative class of retired professional football players (“players”) against the National Football League (“NFL”). See Dent v. NFL, No. 15-15143, 2018 U.S. App. LEXIS 25302 (9th Cir. Sep. 6, 2018) (“Dent”). The players assert that the NFL directly provided medical care and supplied powerful prescription drugs to players, in violation of federal and…