Alternative Dispute Resolution (ADR), Administrative Law

FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt...

by Lloyd B. Chinn, Patrick Lamparello, Adam Lupion | Proskauer Rose LLP on 3/7/2013

On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class...more

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 Permits Individual Arbitration of FLSA Claims

by Flyn L. Flesher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2013

The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v. Bristol Care, Inc., No....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

CFPB semiannual regulatory agenda: missing items and other mysteries

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/14/2013

The CFPB has issued its semiannual regulatory agenda which identifies seven regulatory matters that the CFPB “reasonably anticipates” having under consideration during the period from October 1, 2012 to October 1, 2013....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

“I Should have Brought A Gun To Shoot Her” Comment Was Not Workplace Violence: Ontario Arbitrator

by Adrian Miedema | Dentons on 1/10/2013

In a surprising decision, an Ontario arbitrator has decided that a picketing employee’s comment to his fellow picketers that “I should have brought a gun to shoot” a company security officer, who was nearby and overheard the...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 Continues Its Transformation

by Lawrence Lynch | Foley & Lardner LLP on 1/4/2013

Depending on one’s perspective, in recent years the NLRB has either blazed a radical path in favor of unions and individual concerted activity or it is returning to its original role under the National Labor Relations Act...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

Environmental Update - Michigan Environmental News November/December 2012

by Matthew B. Eugster, Bruce Goodman, Timothy J. Lundgren, David Preston, Matthew Zimmerman | Varnum LLP on 12/21/2012

In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more

Fenwick Employment Brief - December 2012

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 12/19/2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Patton Boggs Insights - December 2012: Agencies: OSHA Launches Whistleblower Pilot Program

by Patton Boggs LLP on 12/17/2012

In October, OSHA announced it was setting in motion a pilot program that would allow complainants who file claims under the agency’s whistleblower protection program to attempt to resolve their issues with their employers...more

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

by Anne Côté, Terri Susan Zurbrigg | Field Law on 12/14/2012

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

by Miller Canfield on 12/13/2012

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

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

Energy Newsletter - December 2012

by King & Spalding on 12/12/2012

In This Issue: - DISPUTE RESOLUTION: - Tort Litigation: Reforming NEPA Review of Energy Projects - TRANSACTIONAL: - Transactions: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to...more

Weekly Law Resume - December 6, 2012: Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief”...

by Karen L. Moore | Low, Ball & Lynch on 12/12/2012

Avery Richey v. AutoNation, Inc. et al. Court of Appeal, Second District (November 13, 2012) This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more

Welcome to the Party? FINRA Invites Investment Advisers to Utilize its Arbitration Procedures

by Michael B. Koffler, S. Lawrence Polk, Brian L. Rubin | Sutherland Asbill & Brennan LLP on 12/8/2012

Originally published in the Investment Adviser Association Newsletter on December 3, 2012. The Financial Industry Regulatory Authority (FINRA) recently issued guidance (Guidance) stating that it will now accept requests...more

FINRA Rule Amended: Whistleblower Claims Not Subject To Mandatory Arbitration

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/26/2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank) amended the whistleblower provision in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) to state that pre-dispute arbitration agreements that...more

OSHA Announces ADR Pilot Program

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/19/2012

The Occupational Safety and Health Administration (OSHA), which is charged with enforcing the whistleblower protection provisions in 22 separate statutes – ranging from Section 806 of the Sarbanes-Oxley Act of 2002 to...more

OSHA to Offer Alternative Dispute Resolution for Whistleblower Complaints

by Morgan Lewis on 11/12/2012

Employers should evaluate whether new whistleblower complaints are eligible for the initiative, which provides expedited and potentially cost-saving resolution of claims. On October 1, the Occupational Safety and...more

NLRB Administrative Law Judge Further Expands Controversial D.R. Horton Decision, Strikes Down Non-Mandatory Arbitration Agreement

by Franczek Radelet P.C. on 11/12/2012

The continuing saga over the treatment of the National Labor Relations Board’s (NLRB) D.R. Horton, Inc. decision and the broad implications that it holds for both union and non-unionized workforces recently added another...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Alternative Dispute Resolution (ADR) › Administrative Law