News & Analysis as of

Alternative Dispute Resolution (ADR) Business Organization Labor & Employment

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Claim Because Retaliation Claims Were Already Arbitrated

The Southern District of New York recently dismissed Dodd-Frank whistleblower retaliation claims brought by an employer’s ex-President and an ex-Director pursuant to Rule 12(b)(6) on res judicata grounds, determining that...more

Nutter Bank Report, July 2017

CFPB Arbitration Rule Will Prevent Firms From Blocking Class Action Lawsuits - The CFPB has approved a new rule that will prohibit banks and other covered providers of certain consumer financial products and services from...more

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

by Williams Mullen on

Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

by Weintraub Tobin on

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

NJ Appellate Division Reiterates Requirement That Arbitration Agreements Must Be Clear and Unambiguous To Be Enforceable

by Genova Burns LLC on

In two unrelated yet similar cases, the Superior Court of New Jersey, Appellate Division reiterated the requirements that arbitration provisions in employment agreements must be unambiguous, written in clear language, and...more

Treasury Releases Select Draft Provisions for Next U.S. Model Income Tax Treaty

by Goulston & Storrs PC on

The Treasury Department announced draft changes for the U.S. Model Income Tax Treaty — the baseline text used by the Treasury Department when it negotiates tax treaties. The current U.S. Model was last updated in 2006. The...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

Hostess Does Not Liquidate, Set to Mediate With Union

Reports of Twinkie the Kid’s death have been exaggerated. Despite widespread mainstream media reports of Hostess’ impending liquidation, the court has not yet approved liquidation. To the contrary, on November 19, 2012, after...more

California Court Of Appeals Upholds Employer’s Arbitration Waiver

Can an employer require that its employees arbitrate employment law claims, rather than file lawsuits? Can an employer require that employees waive the right to take part in class action lawsuits or class arbitrations...more

How to Follow the New California Law that Penalizes Businesses for Misclassifying Employees

by Cogent Legal on

One of the most interesting and controversial laws taking effect in 2012 involves greatly increased penalties for the willful misclassification of employees as independent contractors. I litigated quite a few class actions...more

Want to Litigate in Private? Opt for Arbitration.

by Fisher Phillips on

Non-compete and trade secret litigation inherently involves disclosure of confidential information. Plaintiffs argue that defendants took or used the plaintiff’s confidential information, and they often want the defendants to...more

New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data? Philip Henson -...

by PHILIP HENSON on

New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data? The Tribunals Service has recently published quarterly statistics for 1 October to 31 December 2010 for all...more

UK Employment Law Review - 1 October 2010 - Bargate Murray Solicitors (London)

by PHILIP HENSON on

BARGATE MURRAY - QUARTERLY EMPLOYMENT LAW REVIEW A new Era begins... Philip Henson, Partner in the City of London law firm Bargate Murray looks to how business leaders and HR practitioners should be prepared for changes...more

CLE Presentation

by United Arbitration, Inc. on

Presentation CLE United Arbitration PRESENTATION OUTLINE (CE / CLE Credits) ALTERNATIVE DISPUTE RESOLUTION ...more

Tension Between Choice of Law and Mandatory Rules in International Employment and Agency Arbitration

by Ellyn Law LLP on

The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to...more

L v. W. memo template demonstration

by Keith Berube on

Does your client's case have merit? Has there been an attempt, or is an attempt current, to resolve the situation without resorting to a trial? This is simply a demonstration of a memo template that can be used by lawyer or...more

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