News and Events for Attorneys and Executives

Tag: Arbitration

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Insight
In several recent cases, employees have disputed that they electronically acknowledged an agreement with their employer,” writes Drew York for Gray Reed & McGraw.

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Fifth Circuit Allows Non-Signatories to Enforce Arbitration Agreement

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The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement, according to Carlton Fields.

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Gig Worker’s Hopes of Arguing Case in Court Are Dashed By Arbitration Agreement

Insight
The April 25 decision is a solid win for gig employers and could provide a template for how other similar businesses should structure their own arbitration agreements, according to Fisher & Phillips LLP.

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Arbitrability Basics: An Illustration of the ‘Autonomy’ Principle

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When considering an arbitration clause in a contract, one must always bear in mind the “separability” or “independence” of the arbitration agreement &mdaqsh; the autonomy principle, writes Narges Kakalia for Mintz Levin.

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Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

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In a client alert, Pepper Hamilton surveys the effects of incorporating an arbitration provider’s rules or common arbitration provisions on who determines questions of arbitrability.

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Paying the Price: The Pitfalls of Ineffective Liability Waivers

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Hellmuth & Johnson lawyers Micheal D. Howard and Jason S. Raether describe a recent case involving a fitness studio  that demonstrates how a poorly drafted waiver can be as effective as having no waiver at all.

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Dissecting Common Basic Arbitration Clauses – You Can Build a Better One

Dissecting Common Basic Arbitration Clauses – You Can Build a Better One

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All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..

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Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Insight
The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.

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Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause

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Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

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‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

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The “home country” provision provides that the party initiating arbitration must sue the other party in its home country, explains a post by Skadden, Arps, Slate, Meagher & Flom.

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On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

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A federal district court has the authority to vacate an arbitrator’s class certification award based on the due process rights of absent class members, according to a post on the website of K&L Gates.

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The Ten Arbitration Trends Of 2017

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Liz Kramer, writing in Stinson Leonard Street’s Arbitration Nation blog, provides a rundown of the top 10 developments in arbitration law during the past year.

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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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