Jeffrey M. Goldman

Pepper Hamilton LLP

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Latest Publications


Ninth Circuit Again Clarifies that Arbitration Is Creature of Contract: Employee's Agreement to Abide by Company Manual Is...

The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals. Arbitration remains a preferred forum for many employers, yet courts are...more

5/28/2015 - Arbitration Agreements Employee Rights Federal Arbitration Act Harassment Title VII

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

11/19/2014 - Appeals Automotive Industry Contract Formation Corporate Counsel Digital Media Mandatory Arbitration Clauses SiriusXM

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

10/3/2014 - Employer Liability Issues Independent Contractors Misclassification Risk Management Wage and Hour Wages

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous...

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more

8/26/2014 - Appeals Arbitration Barnes and Noble Browsewrap Agreement E-Commerce Putative Class Actions Technology Terms of Use

Newly Enacted State Laws Will Affect Companies Operating In California

With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow. Unless otherwise stated, the following Assembly bills (ABs) go into effect...more

12/11/2012 - Breastfeeding Discrimination FEHA Over-Time Passwords Personnel Records Religious Discrimination Sex Discrimination Social Media Wages

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