Administrative Agency Alternative Dispute Resolution (ADR) Civil Remedies

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Legal Trends: Litigation & Dispute Resolution

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

Legal Alert – January 2013 – Limitation Law

Legal Alert – January 2013 – Limitation Law 1. Legal Alert – January 2013 – Limitation Law 2. Disclaimer Notice 3. Copyright Notice Introduction There is usually a Limitation Law, in many countries, which requires...more

Michigan Passes Revised Uniform Arbitration Act

Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...more

Privacy Breaches Can Be One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy...

Twenty-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their...more

Michigan Becomes 24th Right to Work State with Public Acts 348 and 349 of 2012

As promised, yesterday evening, Governor Rick Snyder signed two separate bills into law: SB-01116, now known as Public Act 348 of 2012 and HB-4003, now known as Public Act 349 of 2012....more

Arbitration Awards Made by the Shanghai and Shenzhen Subcommissions May Not Be Enforceable

On August 1, 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") issued an announcement suspending its Shanghai and Shenzhen subcommissions. Subsequently, the Shanghai and Shenzhen...more

Nelsen v. Legacy Partners Residential, Inc. - Court of Appeal Not Persuaded by D.R. Horton - Arbitration Agreements Precluding...

Breaking with the National Labor Relations Board’s ruling that arbitration agreements containing class waivers can violate federal labor law, the California Court of Appeal recently held that an arbitration agreement...more

B.C. Civil Resolution Tribunal Act Speeds Through Legislature

In a previous post, I discussed British Columbia’s proposed Civil Resolution Tribunal Act. Bill 44 was introduced on May 7, 2012 and sped through the Legislature receiving Royal Assent on May 31, 2012. It provides for on-line...more

Bill 44: British Columbia’s Alternative to Court Proceedings

In early May 2012 the British Columbia Legislature introduced the Civil Resolution Tribunal Act, creating a new adjudicative tribunal with jurisdiction to hear and decide some claims that are currently heard by the B.C....more

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more

FINRA Arbitration Award Vacated Due to Faulty Service of Statement of Claim

One of the few grounds on which an arbitration award may be challenged in Superior Court is that the arbitrator exceeded his authority by denying a litigant a fair hearing. In a recent unpublished decision, Hansalik v. Wells...more

NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy

As reported in The Recorder, (subscription required) the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive...more

CIETAC's New Arbitration Rules

The China International Economic and Trade Arbitration Commission (“CIETAC”) recently adopted revised arbitration rules (“Revised Rules”), to be effective on May 1, 2012. The Revised Rules replace the rules that became...more

Foreclosure Mediation Program Encouraging Judicial Review of Mediations

Nevada’s Foreclosure Mediation Program recently began sending a form letter (the Letter) to homeowners shortly after participation in the Foreclosure Mediation Program. A copy of the Letter is included on the next page. The...more

Appealing an Arbitration Decision - A Success Story

Recently, the Commonwealth Court of Pennsylvania issued an interesting decision involving the appeal of a grievance arbitration decision filed by a Commonwealth Agency – the Pennsylvania Department of Corrections. The...more

New NLRB Ruling Curbs Arbitration Agreements, Raises Tensions with Supreme Court Precedent

In a decision certain to invite legal challenge, the National Labor Relations Board (NLRB) recently held that employment arbitration agreements that require employees to waive their rights to collective or class actions...more

Class Action Waiver For Employment? Not So Fast, Says the NLRB

Last year, I talked a lot about a U.S. Supreme Court case that seemed to open the door for employers to use mandatory arbitration agreements that precluded employees from using class actions to sue their employers. But I...more

Arbitration Agreement Barring Class Litigation Violates the NLRA

On January 6, the National Labor Relations Board (Board or NLRB) issued a long-awaited decision in D.R. Horton, Inc., 357 N.L.R.B. No. 184, dealing with whether a nonunion employer’s mandatory arbitration agreement —...more

Employers Should Update Their Discrimination Policies in Light of the EEOC's Increased Awards for Discrimination Victims in 2011

Overall, 2011 was a record breaking year for the EEOC. During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims. In addition, the EEOC’s...more

Fenwick Employment Brief - August 16, 2011

In this issue: NLRB Decides Non-Unionized Employees' Disparaging Statements About Employer, Made on Public Television, Qualify for Protection Under NLRB; In Two Recent Decisions, California Appellate Courts Refuse to Honor...more

FINRA’s All Public Panel Option Is Now Available in All Customer Cases

The Securities and Exchange Commission recently approved a rule change that allows claimants to choose an arbitration panel made up entirely of public arbitrators. This change is applicable to all current customer cases in...more

Governor Schwarzenegger Signs Two Bills Providing Moderate CEQA Improvements

Senate Bill ("SB") 1456, authored by Senator Joe Simitian (D-Palo Alto), and Assembly Bill ("AB") 231, authored by Assembly Member Alyson Huber (D-El Dorado Hills), were signed by Governor Arnold Schwarzenegger on September...more

Fenwick Employment Brief - July 14, 2010

In This Brief: *Court Revives Age Discrimination Claim, Finding "Me Too" Evidence Admissible *Post-Employment Customer Non-Solicits: Good Practice or Lawsuit Invitation? *U.S. Supreme Court: Unconscionability...more

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