Resolving Litigation: Arbitration and Mediation After ‘Concepcion,” Law.com

In our ongoing Resolving Litigation series in Law.com, New Era Co-Founder and CEO Rich Lee talks with Seamus Duffy, a bet-the-company litigator who played a key and early role in the matter that led to a landmark U.S. Supreme Court decision regarding arbitration. Seamus, then with Drinker, Biddle & Reath (now Faegre Drinker), represented AT&T Mobility in lower court proceedings that led to the high court’s 2011 ruling in AT&T Mobility LLC v. Concepcion. The 5-4 court majority struck down a California law that banned arbitration agreements that would disallow class actions, holding that such laws were preempted by the Federal Arbitration Act of 1925.

Rich talks with Seamus about that key decision and how he has seen arbitration evolve over his career.

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