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Archive for May 31st, 2011

David Waller, my partner at Baker Hostetler and hospitality lawyer extraordinaire, posted an entry in the firm’s Hospitality Lawg yesterday entitled AT&T Mobility v. Concepcion – Reconsidering Arbitration in the Hospitality Context.  The article offers practical tips from a transactional lawyer’s perspective on how to take advantage of arbitration agreements in light of the  Supreme Court’s decision. 

Although the article is directed at the hospitality industry, the analysis applies equally to many other industries.   One interesting question that Waller poses is: to what extent it is necessary to include the consumer-friendly aspects of the arbitration provision at issue in Concepcion to ensure enforceability of a class arbitration waiver, such as procedures for streamlining the arbitration process, and attorney’s fees and double damages if the claimant receives more than the company’s final settlement offer?

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