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Alternative Dispute Resolution (ADR) Education

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

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

by Ballard Spahr LLP on

In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

Lawsuit filed challenging Dept. of Education “borrower defense” final rule banning arbitration

by Ballard Spahr LLP on

The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more

North Carolina Legislative Update - April, 2017 #2

by Brooks Pierce on

This week at the Legislature, House members filed dozens of bills and tried to get as much accomplished as possible prior to the legislature's spring recess. Confirmations - The Senate continued the process of...more

Calling time on time limits?

by Hogan Lovells on

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

February 2017: The 12 Biggest Labor And Employment Law Stories

by Fisher Phillips on

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

Retired Teacher Awarded Post-Retirement Benefits For Same-Sex Spouse

by Tucker Arensberg, P.C. on

In Re: Souderton Area Education Association and Souderton Area School District, Arbitration Award of August 7, 2016 (Arbitrator Joan Parker). Under Pennsylvania law a teacher was not able to legally marry her same-sex spouse...more

Title IX Investigations in Need of Reform

by JAMS on

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

California Employer Compliance 2017

by Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

[Webinar] The Elimination of Pre-Dispute Arbitration Clauses and the New Repayment Rates for Proprietary Schools - Dec. 8th,12pm...

by Thompson Coburn LLP on

The fourth webinar in our "Decoding the FINAL Borrower Defense Rule" series will examine the ban on pre-dispute arbitration agreements and class action waivers. We’ll discuss the impact of these rules on past and future...more

U.S. Dept. of Education Joins Tide Against Class-Action Waivers/Mandatory Arbitration

There’s been plenty of news regarding a recent trend that contract provisions precluding class actions and mandating arbitration may have hit their high water mark and appear to be receding...more

Beauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate

Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate—as the Ninth Circuit Court of Appeals made clear in the recent case of...more

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

by Ballard Spahr LLP on

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

by Tucker Arensberg, P.C. on

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating...more

[Webinar] Proposed Elimination of Arbitration Clauses (Proposed Borrower Defense Rule Series) - September 7th, 12:00pm CST

by Thompson Coburn LLP on

The third webinar in our series will examine the proposed elimination of arbitration clauses in agreements between students and institutions. We will discuss the particulars of the proposal, to include the potential impact...more

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

by Ballard Spahr LLP on

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college’s enrollment agreement in a 5-1 opinion. Morgan v. Sanford...more

CFPB releases Spring 2016 rulemaking agenda

by Ballard Spahr LLP on

The CFPB has released its Spring 2016 rulemaking agenda. The agenda sets the following timetables for key rulemaking initiatives: Arbitration. The Spring 2016 agenda does not reflect the CFPB’s release of its proposed...more

Food and Beverage News and Trends Series - May 2016

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA finalizes rule to combat antimicrobial resistance. The FDA this week...more

Dept. of Education considering ban on use of arbitration agreements by schools receiving Title IV assistance

by Ballard Spahr LLP on

We recently blogged about Public Citizen, Inc.’s petition to the Department of Education requesting the Department to adopt a rule requiring schools to agree, as a condition of receiving Title IV assistance under the Higher...more

Public Citizen petitions Dept. of Education to ban use of arbitration agreements by schools receiving Title IV assistance

by Ballard Spahr LLP on

Public Citizen, Inc. has sent a petition to the Department of Education requesting the Department to adopt a rule that requires schools to agree, as a condition of receiving Title IV assistance under the Higher Education Act...more

Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation

by Franczek Radelet P.C. on

When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case...more

Failure To Disclose Tax Returns Results In Rescission Of Back Pay Award

by Tucker Arensberg, P.C. on

In the Matter of Arbitration between Hollidaysburg School District and AFSCME Council 83 (June 30, 2015). Arbitrator rescinds back pay award after Grievant refuses to turn over tax records to verify that she did not receive...more

CFPB Singles Out Class Action Waivers for Elimination from Consumer Financial Arbitration Agreements

by Moore & Van Allen PLLC on

The Consumer Financial Protection Bureau (“CFPB”) made clear this week that, in its view, class action waivers should be on the chopping block in the agency’s upcoming rulemaking aimed at regulating the use of arbitration...more

Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

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