Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?

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Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?
First published by Securities Litigation Report, September 2011

By Jennifer Poppe and Alithea Sullivan

A recent U.S. Supreme Court decision may cause corporations to reconsider a possible way to avoid costly and often counter-productive securities class actions. In AT&T Mobility LLC v. Concepcion, the Court on April 27, 2011, upheld the enforceability of contractual arbitration clauses that waive a consumer’s right to bring a class action. This decision has been hyped as both a “dramatic example of judicial activism” and the “class action shot heard ‘round the world” because it gives businesses a way to significantly reduce — if not eliminate entirely — consumer class actions. Read the entire article here.

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