Author Archives: Brian Wolfman

Harvard law students boycott Kirkland & Ellis over forced arbitration of employment disputes and non-disclosure clauses

That's the topic of this article by Karen Sloan. Here's an excerpt: A group of Harvard law students aims to pressure Kirkland & Ellis to drop its use of mandatory arbitration for employees by encouraging their classmates to boycott the firm during the upcoming summer associate recruiting cycle. Organizers of the boycott hope that starving the firm […]

Michael Hiltzik on the limits of the puffery defense

Read Wells Fargo says its promises to restore consumer trust were just ‘puffery.’ But now they look like lies by Michael Hiltzik. Here's an excerpt that sets the theme: If you’ve ever wondered how businesses can get away with making transparently false or deceptive claims about themselves or their products — “The Best Tasting Juice in America,” […]

Update on NFL concussion class-action settlement

We've posted many times on the NFL concussion class-action settlement. Go here, for instance. Now there's this story in USA Today saying that some injured former players who qualify for payments under the settlement are getting little or nothing after the lawyers, health-care providers, and other (purported?) lien holders take what they say is theirs (and for other reasons).

Did Glass-Steagall’s repeal matter?

That's the topic of as Glass-Steagall's Demise Inevitable and Unimportant? by law prof Arthur Wilmarth. Here's the abstract: The demise of the Glass-Steagall Act was the result of affirmative policy decisions by federal regulators and Congress, and it was not the inevitable byproduct of market forces. Economic disruptions and financial innovations posed serious challenges to the viability […]

Trump’s mutually reinforcing wars on science and regulation

Law prof Albert Lin has written President Trump's War on Regulatory Science. Here is the abstract: The Trump administration has taken numerous actions that appear hostile to scientists, scientific research, and scientific data, leading some observers to assert that a war on science is underway. A more precise characterization is that the Trump administration is engaging […]

Kentucky Supreme Court: state law prohibiting employers from conditioning employment on an agreement to arbitrate is not preempted by the Federal Arbitration Act

The Kentucky Supreme Court's unanimous decision is Northern Kentucky Area Development District v. Snyder. The first two paragraphs of the court's opinion summarizes its reasoning: Kentucky Revised Statute (“KRS”) 336.700(2) prohibits employers from conditioning employment on an existing employee’s or prospective employee’s agreement to “waive, arbitrate, or otherwise diminish any existing or future claim, right, or […]

The problems of getting and paying for credit for low-income people

That's the topic of this article by consumer reporter Michelle Singletary. It includes this hypothetical underscoring how the cost of credit can differ based on one's credit score: Let’s look at a person taking out an auto loan who has a subprime credit score below 600 (on a scale of 300 to 850, the highest score being […]