Foundation Defends Collective Action Waivers

Representing five directors of Atlantic Legal who are or recently have been general counsels of major U.S. corporations, the Foundation recently filed an amicus brief in the Second Circuit supporting enforcement of arbitration clauses entered into with merchant-customers of American Express. The merchant-plaintiffs unsuccessfully sought in the trial court to nullify their agreement to arbitrate individual claims citing the expense of retaining expert witnesses to prove alleged anti-trust violations.