DOJ switches teams in NLRB v. Murphy Oil

The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil.  I get that a change in administration can bring with it a change in policy, but this is unfortunate in that it overtly politicizes a legal analysis that should at least attempt to be a textual analysis that doesn't depend on which way the wind blows.  I suppose Judge Posner has the right of it when he argues that all the supposedly dispassionate judicial reasoning is just a veneer over personal preference and wanting anything as significant as this issue to be decided apolitically is laughably naive.  Still, I think the better approach for the DOJ would have been to undertake the equivalent of a noisy withdrawal, officially retracting its position and choosing to take a neutral position in the case.

Source: http://www.politico.com/story/2017/06/16/j...

The Proposed Arbitration Regulations from the CFPB

If you have insomnia or just want to test the lower bounds of your will to live, you can view the text of the proposed rules from the Consumer Financial Protection Bureau (along with about 350 pages of commentary before you actually get to the proposed rules - it's a lot like the longest law review article you've ever read).

The Proposed Rules

Source: http://files.consumerfinance.gov/f/documen...

Chamber of Commerce concerned over proposed regulation that would prohibit class action bans in consumer agreements

Nothing says Cinco de Mayo like arbitration. I have no idea what that means, so don't ask.  Anyhow, the Consumer Financial Protection Bureau will propose a regulation today that will ban contract terms that prohibit consumers from filing class action lawsuits.  And the Chamber of Commerce is none to happy about this development.  You can read the details at politico.com, which posted an opinion piece by Lisa A.Rickard, the president of the U.S. Chamber of Commerce's Institute for Legal Reform and David Hirschmann, the president and CEO of the U.S. Chamber of Commerce's Center for Capital Markets Competitiveness.  If you don't have time to read the article, allow me to paraphrase: "Damn trial lawyers! Get off my lawn!"

Source: http://www.politico.com/agenda/story/2016/...