News & Publications

The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court's dismissal in a suit in which a customer of a bank challenged the bank's overdraft charge practices. See Johnson v. BOKF Nat'l Ass'n, 15 F.4th 356 (5th Cir. 2021). Plaintiff Sharonda Johnson, who holds a checking account with BOKF, National Association (the "Bank"), filed a putative class action challenging "Extended Overdraft Charges" assessed by the Bank, which were charged to her after [...]

For nearly two decades, the question of whether a formal demand on a company's board of directors was required before a stockholder could pursue derivative litigation on behalf of a corporation was governed by two tests under Delaware law. Where the derivative claims challenged an affirmative decision by the board of directors who would consider the demand, the two-part test under Aronson v. Lewis1 applied. In all other contexts, courts would apply the test articulated in Rales v. [...]

Arbitration provisions are common features of commercial agreements.  Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the arbitrator should apply, to what issues the arbitrator should resolve.  The parties can even delegate to the arbitrator the issue of what should and should not be arbitrated (also known as arbitrability issues) by incorporating a delegation clause in their arbitration agreement. Arbitration, however, [...]