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September 2nd, 2026
Caren Decter and Peter A. Devlin Co-Author ABA Article on Mass Arbitration and Terms of Use
Caren Decter and Peter A. Devlin co-authored the article “Mass Arbitration Has Changed the Calculus for Terms of Use” for the American Bar Association’s Litigation Section examining how the rise of mass arbitration and increased scrutiny of arbitration provisions are changing the value of mandatory arbitration agreements and class action waivers in consumer-facing terms of use. The article explores recent judicial decisions, evolving arbitration provider rules, and legislative developments that may affect how companies assess arbitration-related risk.
For more details, read the full article in the American Bar Association’s Consumer Litigation. (Behind Paywall)