Harvard Business Law Review (HBLR)

The Harvard Business Law Review (HBLR) aims to be the premier journal covering the laws of business organization and capital markets. HBLR will publish articles from professors, practitioners, and policymakers on corporate law and governance, securities and capital markets law, financial regulation and financial institutions, law and finance, financial distress and bankruptcy, and related subjects.

Arbitration

The AT&T Arbitration Clause as a Replacement for Class Action

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Download PDF Michael Springer* Recently, the Supreme Court heard oral arguments in the suit between AT&T and Vincent and Liza Concepcion on whether the Federal Arbitration Act preempts California contract law.[1] This case raises a policy issue that will not necessarily … [Read more...] about The AT&T Arbitration Clause as a Replacement for Class Action

Injury or Deterrence: The End of Class-Action Litigation and Its Benefit to Consumers

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Download PDF Jason Sherman* On November 8, The Wall Street Journal asked, “Is D-Day Approaching For Class-Actions Lawsuits?”  The next day, the Supreme Court heard oral arguments for AT&T Mobility v. Concepcion. The lower courts held AT&T Mobility’s (“ATTM”) … [Read more...] about Injury or Deterrence: The End of Class-Action Litigation and Its Benefit to Consumers

FINRA Proposed Rule Change Would Give Customers Option of All-Public Arbitration Panels

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Download PDF Barbara Black* Brokerage firms customarily include in their customers’ agreements a predispute arbitration agreement requiring that investors arbitrate their disputes before an arbitration panel of the Financial Industry Regulatory Authority (FINRA). Current rules … [Read more...] about FINRA Proposed Rule Change Would Give Customers Option of All-Public Arbitration Panels