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Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

In-the-Box Agreements: Samsung Case Illustrates Pitfalls of Compelling Contractual Arbitration

On January 19, 2017, the Ninth Circuit Court of Appeals issued an opinion examining contract formation under California law in the context of enforcing an arbitration provision contained in an in-the-box agreement. (Norcia...more

Sixth Circuit Affirms District Court’s Colorado River Abstention And That State Court Appropriately Determined Arbitration...

An earlier-filed state court action determined the enforceability of an arbitration agreement, before a federal district court could rule on a motion to compel arbitration. The federal district court thereafter abstained from...more

Are Class Action Waivers Enforceable?

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

First Circuit Affirms District Court’s Confirmation Of Arbitration Award Under The “Look-Through” Test

The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of...more

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more

Director Cordray responds to questions on proposed arbitration rule

Director Cordray has sent a letter to Senator Jeff Flake responding to a series of questions posed by the Senator on the CFPB’s proposed arbitration rule. The comment period on the proposed rule closed on August 22, 2016. ...more

ALERT: United States Supreme Court Delays Oral Argument in Class Action Waiver Cases

Yesterday, the United States Supreme Court notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v. Morris, Case No....more

Arbitrator’s Decision On Availability Of Collective And Class Arbitration Withstands Procedural And Substantive Challenges

A Colorado federal court recently denied DISH Network (“DISH”)’s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification. The...more

Victory for Large Home Builders: South Carolina Federal Court Rejects Class Arbitration

On February 1, 2017, a federal district court in South Carolina ruled that a standard arbitration agreement between a national homebuilder and purchaser does not permit the purchaser to pursue class arbitration. This appears...more

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

FINRA to Require Web-Based Arbitration Filings

Effective April 3, 2017, all FINRA arbitration participants (except pro se parties) must use FINRA’s web-based DR-Portal to file and serve documents in both customer and industry arbitrations. ...more

Oil and Gas Arbitration – Did the Parties Get What They Bargained For?

First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a...more

The DIFC Courts - a conduit jurisdiction no more

As we predicted in our Annual Seminar on Recent Developments in the UAE Dispute Resolution Landscape, back in November 2016, the use of the DIFC Courts as a "conduit jurisdiction" has been called into question....more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

January 2017 Independent Contractor Misclassification and Compliance News Update

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Two States Buck FAA Preemption, While Alabama Stays the Course

Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island. Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator’s analysis. ...more

Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen....more

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...more

Uber Scores Victory Compelling Arbitration in Wage & Hour Misclassification Suit

Just a few days after being in the news and facing consumer boycotts for allegedly seeking to profit as a result of a taxi boycott of JFK International Airport related to President Trump’s immigration Executive Order, Uber...more

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

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