Downey Law in the News

Knowing that few people have the time or resources to initiate arbitration over relatively small damages, many large companies rely on mandatory arbitration provisions and class action waivers in their employment and consumer agreements. But what happens when plaintiffs’ attorneys file individual arbitration cases on behalf of thousands of claimants at the same time? In this episode, co-hosts Alicia Downey and John Roberti speak with Dave Rochelson, author of “Is This the End of Mandatory Arbitration?” about the new wave of so-called “mass arbitrations,” in which the respondent may be required to pay aggregated filing and case administration fees totaling hundreds of thousands, or even millions of dollars. Listen to this episode to discover how mass arbitration is leveling the playing field and calling into question the cost-benefit proposition of class waivers and mandatory arbitration. Click here to access the podcast.

As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time. Click here to access the podcast.

As millions of consumers around the world interact daily with online businesses and social media platforms, the call for Congress to enact enhanced data privacy and security laws at the federal level has grown louder. How far should federal legislation go in preempting the emerging patchwork of state data privacy laws? In this episode, hosts Alicia Downey and John Roberti talk with Maureen Ohlhausen, former Acting Chairman of the FTC, about whether comprehensive federal data privacy legislation is a better approach to regulating the collection, use, and sharing of consumers’ personal data. Listen to this episode to learn more about the FTC’s role in enforcing existing consumer data privacy laws and the key differences among the current proposals for broader federal legislation. Click here to access the podcast.

Extreme inequality of wealth and income has been identified as a societal failure and a threat to democracy all over the world. Is competition law the cause or the cure for that inequality? In this episode, we talk with Professor Eleanor Fox of New York University School of Law about her research into the deep connections between wealth and income inequality and competition law in the U.S. and other jurisdictions. Listen to this episode to learn about these connections and the case for including an “equality value” in antitrust analysis. Click here to access the podcast.

Every August the Antitrust Law Section elevates the designated Chair-Elect to the position of Chair. This year, the gavel passes to Jonathan Gleklen, who has been involved in the leadership of the Section for the past twenty years. In this episode, co-hosts Alicia Downey and John Roberti talk about the Section’s goals and priorities for the coming year with Jon and Yasmine Harik, who will support Jon in the important role of Counsel to the Chair. Listen to this episode and get to know Jon and Yasmine as they step into their new leadership roles. Click here to access the podcast.