The Cornell Securities Law Clinic has prevailed in an appeal in the California Court of Appeal regarding whether an investor can be forced to arbitrate in a forum which imposes excessively high costs.
The appeal decision is described here, and a prior story on the appeal is here. The Court, in its opinion, adopted many of the arguments advanced by the clinic in holding that the arbitration clause in question was substantively unconscionable.
Seth Nadler ('10) argued the appeal for the clinic, and was assisted in briefing by Brian Youn ('09) and Ginger McCall ('09).