With James Berger, Christopher Dugan, Charles Patrizia, John Porter
On April 27, 2011, in "AT&T Mobility LLC v. Concepcion", a sharply divided U.S. Supreme Court ruled that the Federal Arbitration Act ("FAA") preempted California’s judicially created "Discover Bank" rule, which found waivers of class arbitration in most consumer contracts to be unconscionable and therefore unenforceable.