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Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…

I’m mad as hell and I’m not going to take it anymore,” said Howard Beale in the Movie Network. As a staunch supporter and advocate for arbitration, I cannot not allow wrongful bashing by members of Congress, the Consumer Financial Protection Bureau, the media and others to continue without stating categorically how wrong they are…

Now that the football season is behind us, I bid it farewell by embracing a football term — the “personal protector “– and applying it to arbitration. In football parlance, the personal protector is a player assigned to protect the punter (kicker) from harm. Watching the Super Bowl the other day, I came to the…

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