News and Events for Attorneys and Executives

Tag: Arbitration

How Forced Arbitration and Non-Disclosure Agreements Can Perpetuate Hostile Work Environments

Insight
It is possible for state lawmakers to crack down on corporate abuse of arbitration and non-disclosure agreements, but the prospects do not seem good, writes Michelle Chen for The Nation.

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Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

News
A former CEO presented a signed employment agreement that required arbitration, but the company contested whether it had agreed to the written contract.

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Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Insight
A recent federal court ruling on arbitration offers three key lessons for plaintiff-employers, according to a post on the website of Orrick, Herrington & Sutcliffe.

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Enforcing Nursing Home Arbitration Agreements Post-Kindred

Enforcing Nursing Home Arbitration Agreements Post-<i>Kindred</i>

Insight
A recent ruling for a state supreme court may be indicative of what litigation over nursing home arbitration agreements will look like after the U.S. Supreme Court’s ruling in Kindred Nursing Centers v. Clark, according to Arbitration Nation.

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A Lesson from the 3rd Circuit on Arbitration Clauses: Say What You Mean

Insight
A recent decision by the United States Court of Appeals for the Third Circuit is a reminder that – for an arbitration clause to apply in certain situations or to certain parties – that intention must be built into the plain terms of the contract.

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Senate Kills Rule On Class-Action Suits Against Financial Companies

Senate Kills Rule On Class-Action Suits Against Financial Companies

News
Vice President Pence cast the tie-breaking vote to rollback the Consumer Financial Protection Bureau rule banning restrictive mandatory arbitration clauses found in the fine print of credit card and checking account agreements.

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Will the Supreme Court End Employment Contract Arbitration Clauses?

Will the Supreme Court End Employment Contract Arbitration Clauses?

Insight
The relevant cases being considered are from the 5th Circuit, which found the arbitration clause did not violate the NLRA, and the 7th and 9th circuits, which found similar clauses unenforceable.

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Just How Broad is That Arbitration Clause in Your Transportation Contract?

Just How Broad is That Arbitration Clause in Your Transportation Contract?

Insight
Holland & Knight’s Transportation Blog covers a case of first impression that presents a reminder to companies to review their arbitration clauses and confirm if they are drafted properly.

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Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Insight
A recent ruling clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing important guidance to companies about how to design enforceable mobile contracts, reports Coblentz Patch Duffy & Bass.

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No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

Insight
California courts are often hostile toward defendants that seek to require litigious employees to honor their arbitration agreements, warns Michael Wahlander of Seyfarth Shaw.

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What In-House Counsel Need To Know About Their Form Arbitration Clauses

Insight
Because the arbitration clause in a commercial contract is so critical, careful review of that clause surely must be a component of an enterprise’s risk analysis, according to Mintz Levin’s ADR: Advice From the Trenches blog.

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Has the Era of the Consumer Class Action Waiver Passed?

Insight
As a result of a rule imposed by the Consumer Financial Protection Bureau, consumer contracts entered into after March 19, 2018, with a wide range of consumer financial services companies will need to be revised in regard to their agreements’ arbitration clauses.

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11th Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

11th Circuit Holds Arbitrators Have Venue-Setting Authority in  International Arbitrations

Insight
Alston & Bird asks and answers the question: In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question?

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CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

News
Under the new rule, financial firms are restricted from forcing consumers to resolve their disputes through arbitration, a practice that has been used by the industry for years to keep grievances tied to payday loans, credit cards and other products out of courts, reports Bloomberg.

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Consumer Watchdog Makes It Easier to Sue Banks and Other Companies

Consumer Watchdog Makes It Easier to Sue Banks and Other Companies

News
The government’s consumer watchdog has finalized a rule that will make it easier for people to challenge financial companies in court, reports The Washington Post.

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Using Arbitration Agreements to Reduce the Costs of Litigation and the Risk of Class Action Claims

Insight
The Foley article explains how arbitration works, what type of arbitration agreements are generally enforceable, what features that have or can cause problems, and how such provisions can reduce the risk of class actions.

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Insight on Waiving Contractual Right to Arbitration

Insight
Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration, the firm reports on its website.

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Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

Insight
A recent decision of the New Jersey Appellate Division considered the enforceability of arbitration agreements by non-signatories, writes Marissa Tillem in Proskauer Rose’s Minding Your Business blog.

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Is ‘Class Arbitration’ an Oxymoron?

Is ‘Class Arbitration’ an Oxymoron?

Insight
“Class arbitration” — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive, writes Gilbert Samberg on Mintz Levin’s blog, ADR: Advice from the Trenches.

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Clear Arbitration Provision Deemed Enforceable

Insight
In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.

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