Beyond the Headline—Affirmation, Innovation in AT&T Mobility LLC v. Concepcion
Partner John Lynch and associate Amir Shachmurove are published in Bloomberg Law for their article titled, “Beyond the Headline—Affirmation, Innovation inAT&T Mobility LLC v. Concepcion.” The pair discuss the Concepcion ruling, examining the historical landscape of arbitration, the law prior to the ruling, and what courts have done since. They conclude, writing, “Sometimes, an opinion’s dictum changes the law’s trajectory and endows a humdrum piece with an influence not wielded by its immediately authoritative text. Concepcion’s holding, of course, has long since made its mark, having already become another bedrock of America’s arbitration jurisprudence. While many have been slow to recognize its concealed cogency, Concepcion’s dicta enshrine a new understanding of the Savings Clause possessed with equally disruptive potential. To defendants, the method of explication drawn by a departed legend affords a brand-new weapon; to plaintiffs, this same schematic further weakens an already crumbling rampart. For both, it opens a new front in a longstanding war over the merits of an ancient process favored by the commercial world’s ‘prosaic agencies’ yet dogged by frenzied controversy.”