Newsletter | Vol. 18, No. 3, Fall 2011
Endowed by Mark Mandell and David Casey in Honor of Brian Monaghan
AT&T v. Concepcion: It Ain’t Over
By Hunter Pyle, Oakland, CA
On April 27, 2011, the United State Supreme Court issued its opinion in the case of
AT&T Mobility LLC v. Concepcion.
1 At issue in
AT&T was whether the Federal Arbitration Act (FAA) preempted California’s
Discover Bank rule, which permitted courts to invalidate certain unconscionable class action waivers in arbitration agreements. The Supreme Court held that the FAA did preempt
Discover Bank, thus fundamentally altering the class action landscape for consumers and employees alike.
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2011-2012 Section Leaders
Chair
Lawrence W. Williamson
Kansas City, KS
Chair-Elect
Vincent M. Powers
Lincoln, NE
First Vice Chair
Paula A. Brantner
Washington, DC
Second Vice Chair
R. Joseph Barton
Washington, DC
Secretary/Treasurer
Valerie McGinty
San Mateo, CA
Newsletter Editor
Cory Rosenbaum
New York, NY
Immeadiate Past Chair
Tammy Marzigliano
New York, NY
AAJ Winter Convention
Feb 11, 2012 - Feb 15, 2012
Arizona Biltmore Resort & Spa
Phoenix, AZ
New Regulations and Dodd-Frank Serve to Protect Whistleblowers and Aid Attorneys
By Ingrid M. Evans and Neha Sareen, San Francisco, California
While attorneys now have more legal tools to add to their arsenal of consumer protection, whistleblowers/employees are also given more protection if they take on the “whistleblower” role and speak out against corporations who violate federal securities laws. On July 21, 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) in an effort to rid the financial industry of abusive financial service practices.1 Section 922 of the Act, titled “Whistleblower Protection” implements both safeguards and a potential reward, for individuals wanting to reprimand corporations for violating federal securities laws. To carry out these objectives, on May 25, 2011, the Securities and Exchange Commission (SEC) approved specific rules.2 This article will highlight aspects of Section 922 and the accompanying SEC rules, emphasizing how these new regulations will aid attorneys, and encourage employees to speak out against violations of federal securities laws.
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My Favorite Things...about the ADA Amendments Act
By Mary Dryovage, San Francisco, CA
Congress passed the Toyota Motors-fix with the ADA Amendments Act, which went into effect on January 1, 2009.1 The newly enacted EEOC regulations implement the ADA-AA and are very helpful.2 Study them carefully for the “duh” propositions you need to explain the obvious to the courts so they do not run afoul of the Congressional intent and misconstrue the statute. Here are a few examples that will enable you to win the court to your client’s position.
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Special Offer for Employment Rights Section Members—an Extra $210 off AAJ’s Case Workshop Program
By AAJ Education
AAJ’s Case Workshop Program offers attendees the opportunity to learn about different types of focus groups and get hands-on experience conducting focus groups in their own cases. Bring an active case of your own and have it analyzed by some of the country’s leading trial lawyers and trial consultants, and then present it to two focus groups—before it goes to trial. Plus, AAJ is offering Employment Rights Section members an additional $210 off the early bird rate (that’s $750 off)! All you need to do is enter promotion code CW11 at checkout.
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