Administrative Law, Civil Procedure, Alternative Dispute Resolution (ADR)

Legal Alert – January 2013 – Limitation Law

by Oserogho & Associates on 1/30/2013

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

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

by Erin Clarke, Daniel V. Johns, Steven Suflas | Ballard Spahr LLP on 1/15/2013

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/11/2013

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

by C. Thomas Davis | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

by Michael Lebowich, Fredric Leffler, Marc Mandelman, Ronald Meisburg, Katharine Parker, Bernard Plum, Leslie Silverman, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 1/3/2013

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

Michigan Passes Revised Uniform Arbitration Act

by Richard Hooker | Varnum LLP on 1/2/2013

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

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

by Mark Theodore | Proskauer - Labor Relations on 12/31/2012

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

by Rebecca R. Hirschklau, Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

Board and Courts Clash Over D.R. Horton

by FordHarrison on 11/6/2012

Executive Summary: Two recent decisions illustrate the tension between the National Labor Relations Board (NLRB) and courts created by the Board's decision in D.R. Horton, which held that an employer violated the National...more

Three in a Row? That's a Trend

by McNees Wallace & Nurick LLC on 11/1/2012

It seems like we have been spending a lot of time discussing successful appeals of arbitration decisions lately, which is been a good thing for Pennsylvania employers. Recently, we reported on two cases in which an employer...more

Federal Court Bars Arbitrations by Delaware Court of Chancery Judges

by Pepper Hamilton LLP on 9/10/2012

In April 2009, the Delaware General Assembly enacted a statute allowing sitting judges on the Delaware Court of Chancery to preside over private arbitrations to resolve business disputes involving Delaware entities. On August...more

Audit Provisions in Private Construction Contracts: Which Costs Are Subject to Audit, Who Bears the Expense of the Audit, and Who...

by Duane Morris LLP on 9/5/2012

Originally published in the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012. I. Introduction - Audit provisions are often included in private construction contracts where all...more

The Wheels Keep Spinning Against Lance Armstrong

by Sedgwick LLP on 8/21/2012

This time around, Lance Armstrong’s big battle is not against other cyclists in a road race; it’s with the U.S. Anti-Doping Agency (USADA). In June, the USADA opened an investigation into allegations that Armstrong used...more

California Court of Appeal Provides Clarification of Labor Code Section 206.5's Restrictions on Releases of Wage Claims

by Sheppard Mullin Richter & Hampton LLP on 6/28/2012

In the recent California Court of Appeal decision of Pulli v. Pony International, LLC, the court clarified that Labor Code section 206.5 prohibits an employer from requiring an employee to execute a release of a claim for...more

Fenwick Employment Brief - June 2012

by Fenwick & West LLP on 6/18/2012

In This Issue: - California Appellate Court Compels Arbitration And Class Action Waiver, Following Concepcion And Expressly Rejecting D.R. Horton - NLRB Issues Latest Memorandum On Social Media Policies News...more

ICSID Arbitration Ruling Decides Initial Jurisdictional Issues

by Cadwalader, Wickersham & Taft LLP on 6/8/2012

Pacific Rim v El Salvador (ICSID Case No. ARB/09/12) is a recent decision by the International Centre for Settlement of Investment Disputes (ICSID). The arbitration is brought under the Dominican Republic — Central America —...more

Bill 44: British Columbia’s Alternative to Court Proceedings

by Dentons on 6/7/2012

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

Patton Boggs Reinsurance Newsletter - June 2012

by Patton Boggs LLP on 6/6/2012

Welcome to the inaugural issue of the Patton Boggs Reinsurance Newsletter. We look forward to providing you with cogent, and hopefully useful, summaries of recent reinsurance cases and other decisions of interest to the...more

Middle District Judge Disagrees With NLRB Over Class and Collective Action Waivers

by Akerman Senterfitt on 5/25/2012

In a decision filed on May 18, 2012, Oliveira v. Citicorp North America, Inc. and Citigroup, Inc., Case No. 8:12-cv-251-T-26TGW (M.D. Fla. 2012), Judge Richard A. Lazzara of the Middle District of Florida held that a complete...more

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

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

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