Lori Phillips

Lori Phillips

Sherman & Howard L.L.C.

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SOX Squelches Arbitration of Entangled Claim

In Laubenstein v. Conair Corp., No. 5:14-cv-05227 (W.D. Ark. Nov. 19, 2014), Plaintiff claimed retaliation under the Sarbanes-Oxley Act (“SOX”) and a state-law claim for wrongful termination. A recent amendment to SOX...more

12/1/2014 - Arbitration Federal Arbitration Act Preemption Retaliation Sarbanes-Oxley Wrongful Termination

No “Harmony,” No Arbitration

When AmeriPlan terminated contracts with numerous “independent business owners” (“IBOs”), four IBOs—who had achieved the rank of Sales Director and earned “lifetime residual income” through commissions from their own...more

10/22/2014 - AmeriPlan Arbitration Breach of Contract Brokers Contract Drafting Forum Selection Clause Insurance Brokers Sales Commissions Salespersons

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

10/7/2014 - Arbitration Arbitration Agreements China International Arbitration

Class Arbitration–A Gateway Issue for the Court

In Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. July 30, 2014), former employees brought claims on behalf of themselves and others against Robert Half International (“RHI”) for unpaid overtime. The...more

8/4/2014 - Arbitration Arbitration Agreements Class Action Robert Half

Class Claim Arbitration Waivers Win Big in Ninth Circuit

In two cases from the Ninth Circuit Court of Appeals on June 23, 2014, arbitration agreements won big on the class-claims waiver issue. This is good news for the employers operating in the Ninth Circuit, and California in...more

7/16/2014 - Arbitration Agreements AT&T Mobility v Concepcion Bloomingdales Class Action Class Action Arbitration Waivers NLRA Nordstrom Inc.

“Mark of the Beast” Claim Busts

In Yeager v. FirstEnergy Generation Corp., No. 5:14cv-567 (N.D. Ohio June 27, 2014), a plaintiff asserted a religious discrimination claim for refusal to hire. In the complaint, he alleged he was not hired because he refused...more

7/8/2014 - Discrimination Federal Rule 12(b)(6) Religion Religious Discrimination Social Security

“Me Too” Evidence Doesn’t Cut It

In a case of first impression, Adams v. Austal, USA, LLC, No. 12-11507 (11th Cir. June 17, 2014), the Eleventh Circuit addressed whether an employee may rely on evidence of racial harassment of which he is not personally...more

6/25/2014 - Discrimination Employer Liability Issues Evidence Hostile Environment Racial Discrimination

Is Use of False SSN Dishonest?

Can you refuse to hire an authorized worker – even a U.S. citizen – because once upon a time he used a false Social Security number? In Guerrero v. California Department of Corrections & Rehabilitation, No. C 13-05671 WHA...more

5/15/2014 - Disparate Impact Employer Liability Issues Hiring & Firing Social Security Numbers Title VII

Whistling Arbitration

In Santoro v. Accenture Federal Services, LLC, No. 12-2561 (4th Cir. May 5, 2014), an employee brought ADEA, FMLA and ERISA claims against a former employer. The employer moved to compel arbitration, and the employee opposed...more

5/8/2014 - ADEA Arbitration Dodd-Frank Employer Liability Issues ERISA FMLA Whistleblower Protection Policies Whistleblowers

To arbitrate arbitrability or not to arbitrate arbitrability? That is the question!

Whether the parties to a collective bargaining agreement (“CBA”) agreed to arbitrate arbitrability (i.e. whether an issue is subject to arbitration at all) was the key issue ConocoPhillips, Inc. v. Local 13-0555 United...more

2/7/2014 - Arbitration Arbitration Agreements Collective Bargaining Zero Tolerance Policies

NLRB Standing (read “Expanding”) Ground on D.R. Horton

In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA §...more

1/27/2014 - Arbitration Arbitration Agreements D.R. Horton D.R. Horton v NLRB Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB

Another Win for FLSA Class Action Waiver

In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The...more

12/27/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FLSA Motion to Compel

Court Nixes Non-Appealability Clause in Arbitration Agreement

Generally speaking, arbitration is a matter of contract, and arbitration agreements must be enforced according to their terms. The Ninth Circuit recently issued a caveat, however. In In re Wal-Mart Wage & Hour Employment...more

12/24/2013 - Appeals Arbitration Arbitration Agreements Federal Arbitration Act Void and Unenforceable

NLRA vs Federal Arbitration Act: Arbitration Wins

In D.R. Horton, Inc., v. NLRB, No. 12-60031 (5th Cir. 2013), the Fifth Circuit overturned an NLRB decision that an employer infringed on employees’ rights by requiring them to sign an arbitration agreement in which they...more

12/9/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton Employee Rights Federal Arbitration Act NLRA NLRB

Class Arbitration “No Mere Detail”

In a case likely to affect employer-employee arbitration agreements, one court has ruled that a court, and not an arbitrator, must determine whether ambiguous arbitration agreements cover class claims. Reed Elsevier, Inc. v....more

11/12/2013 - Arbitration Agreements Class Action Class Arbitration

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