Author Archives: Jeff Sovern

Employer’s Lawyer Explains That Arbitrators Favor Employers Out of Self-Interest

Irvine lawyer Greg Labate is quoted in the Orange County Register: Labate advises clients to get their employees to sign arbitration agreements, waiving their right to sue in court, and sending disputes to privately hired arbitrators. * * * “People question whether arbitration tends to favor employers,” Labate told a [Professionals in Human Resources Association] […]

Adam Levitin Paper: Digital Wallets and Honor All Wallets Rules

Adam J. Levitin of Georgetown has written Pandora's Digital Box: Digital Wallets and the Honor All Wallets Rules.  Here's the abstract: Digital wallets are poised to transform the world of retailing. These digital wallets, such as ApplePay and Android Pay, are “smart” payment devices that can integrate payments with two-way, real-time communications of any type […]

Noll Article on Regulating Arbitration, including the CFPB’s Proposed Regulation

David L. Noll of Rutgers has written Regulating Arbitration,  California Law Review, Forthcoming.  Here's the abstract:  Arbitration is everywhere, as are calls to regulate its use in consumer and employment contracts. But when should Congress and federal administrative agencies do so? That is, what is the policy rationale for regulating arbitration through federal legislation and agency […]

The Conversation: How companies learn what children secretly want

Here.  Op-ed by Faith Boninger, Research Associate in Education Policy, University of Colorado, and Alex Molnar, Research Professor, University of Colorado.  Excerpt: In the U.S. and around the world, millions of digital data points are collected daily from children by private companies that provide educational technologies to teachers and schools. Once data are collected, there is little […]

WSJ Article Criticizes CFPB for Using “Mystery Shoppers” Who Find Evidence of Racial Discrimination

by Jeff Sovern Here (behind paywall).  Excerpt: In 2013, a loan officer at BancorpSouth Bank's Madison, Ala., branch received visits from two people with similar profiles within 10 days of each other, both saying they were first-time home buyers — one white, the other black. The employee allegedly steered the black customer to a smaller […]

Reuters: U.S. consumer agency faces heat on financial arbitration rules

Here.  Excerpt: Thousands of angry consumers and business representatives have flooded the Consumer Financial Protection Bureau with comments on its May proposal to block companies from forcing customers to take disputes to arbitration instead of joining group lawsuits. Sentiment in the unusually high number of comment letters, more than 8,380 have already been filed though […]

My Latest Times DealBook Op-ed

by Jeff Sovern Here, titled The Risks of Unfettered Capitalism.  The first and last paragraphs read: Capitalism may be the best economic system ever devised, but one of its drawbacks is that it provides financial incentives to harm and even kill people. Just ask those people who say they have been victimized bycigarettes, predatory lenders, Volkswagen diesel […]

Will a New Medicare Disclosure Work?

by Jeff Sovern As reported by the Times last week, patients who are held at a hospital for "observation," even if that observation lasts days, but not formally admitted, and later released to a nursing home, won't have their stay in the nursing home covered by Medicare. That stay can cost tens of thousands of dollars. So Congress passed a […]