Navigating Unconscionability Post-Concepcion

Law360, New York (December 21, 2011, 4:55 PM EST) -- Initial commentaries to the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion[1] focused on the high court's application of federal preemption under the Federal Arbitration Act, 9 U.S.C. 1 et. seq. to invalidate the California judicial prohibition against enforcement of class action waivers in arbitration agreements.

It is now clear that the Supreme Court's decision is vastly more sweeping, and that the strong federal policy favoring arbitration embodied in the FAA will bar enforcement of any state statute or rule of law that purports...
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