When Companies Run the Courts

How Forced Arbitration Became America’s Secret Justice System

Coming Soon

Contributors

By Brendan Ballou

On Sale
May 12, 2026
Page Count
272 pages
Publisher
PublicAffairs
ISBN-13
9781541705715

The definitive exposé of forced arbitration, the secret justice system that protects abusers, employers, and powerful corporations

America has a hidden justice system. There, decisions are made in secret, and “judges” are paid for by the companies and abusers who are being sued. Victims usually lose. But when they do, they cannot appeal, and they cannot turn to real courts for help.

They are trapped in this system, and quite likely, so are you. You joined it when you accepted the Terms and Conditions on a website, opened a new credit card, or started a new job. When you did, you agreed to be shunted into this secret justice system, called “forced arbitration.” Through its secrecy and corruption, forced arbitration helps companies cheat their workers, helps banks deceive their customers, and helps predators act with impunity. If companies and the very powerful often seem beyond the reach of the law, it’s because they are, and forced arbitration is the reason.

Yet despite the fact that forced arbitration profoundly shapes our lives, almost nothing has been written about it. Brendan Ballou’s When Companies Run the Courts changes that. It shows how forced arbitration came to be, how it makes your life worse, and how we might stop it. 

  • “Most people don’t know about forced arbitration, but they’re certainly hurt by it, and so is democracy: It’s the reason why you can’t sue companies when they cheat you, discriminate against you, or even kill someone you love. When Companies Run the Courts shines a light on this shadow justice system that takes public justice and hides it in corporate control.” 
    Zephyr Teachout, author of Corruption in America
  • “Individuals harmed by corporate defendants are more likely to be struck by lightning than to prevail in forced arbitration. Ballou pulls back the curtain on this insidious and rigged program. This should be required reading for anyone seeking protections in the marketplace.” 
    Linda Lipsen, CEO, American Association for Justice
  • “Ballou does an absolutely masterful job of explaining to a general audience what’s wrong with forced arbitration. For people who feel that companies are above the law, When Companies Run the Courts shows that they’re right, and why. Most importantly, it tells people what they can do about it.” 
    David Horton, Professor of Law, UC Davis School of Law

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Brendan Ballou

About the Author

Brendan Ballou is a former federal prosecutor and served as special counsel for private equity in the Justice Department’s Antitrust Division. He is the author of Plunder: Private Equity’s Plan to Pillage America, which was named one of Fortune magazine’s best books of the year. His work has appeared in The New York Times, Politico, Slate, and The Atlantic

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