Michael S. Oberman published an article entitled “A Passing Tide” in the May 2011 issue of the IFLR Litigation & Dispute Resolution Guide, a supplement to the current issue of the International Financial Law Review. The article focuses on the U.S. Supreme Court’s April 27, 2011 opinion in AT&T Mobility v. Concepcion, which held that the Federal Arbitration Act preempted California law invalidating class action waivers as unconscionable. More broadly, the article traces the trajectory of class arbitrations, beginning with the Supreme Court’s 2003 Bazzle opinion, through the “clarification” of Bazzle last term in Stolt-Nielsen, and finally to the Concepcion opinion.

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