Alternative Dispute Resolution (ADR), Labor & Employment Law, Commercial Law & Contracts

Do You Know the Seven Factors That Comprise "Just Cause"?

by David Froiland | Foley & Lardner LLP on 5/21/2013

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

Fenwick Employment Brief - May 2013: Substantive Fairness Overcomes Elements of Procedural Unconscionability in Mandatory...

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

by Gary Young on 5/10/2013

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial? by Gary S. Young on May 10, 2013 The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a...more

Is Jacob To Laban As Weiner Is To The Original Talk Radio Network?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

Jacob was in love with Rachel, but he had a problem. What could he offer Rachel’s father Laban for her hand? Not having much, he offered to work for seven years. Laban seemed to find this acceptable, but when the seven years...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

One-Sided Arbitration Agreement Found Unconscionable By California Court

by Thomas McInerney | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement,...more

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

by Aaron Kase | Lawyers.com on 4/22/2013

At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more

Facebook Posts Breached Confidentiality Agreement

by Jennifer Barlow | Lerners LLP on 4/12/2013

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

Court of Appeal Applies Massachusetts Law To Deny Enforcement Of An Employment Arbitration Agreement

by Hartnett, Smith & Paetkau on 4/11/2013

Harris v. Bingham McCutchen LLP California Court of Appeal, Second Appellate District, Case No, B240522, March 29, 2013. The Second Appellate District affirmed the trial court’s determination that (i) a choice of law...more

Shorts on Long Term Care April 2013

by Kenneth L. Burgess, Jennifer G. Parser | Poyner Spruill LLP on 4/10/2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/8/2013

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Texas District Court Deems Arbitration Agreement Enforceable

by Jason F. Clouser, Michael S. Gordon | Katten Muchin Rosenman LLP on 4/3/2013

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

California Court Rejects Class Action Waivers In Employment Arbitration Agreements

by Laura Reathaford | Proskauer - Class & Collective Actions on 4/2/2013

The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. ...more

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/26/2013

Suppose you have your employees’ sign agreements to arbitrate all of their employment disputes. (I’ve talked about arbitration agreements in many posts before.)...more

Second Circuit Vindicates Concepcion in Gender Discrimination Case

by Sedgwick LLP on 3/26/2013

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California's Discover Bank rule, which had previously voided waivers of...more

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

by Sean Kirby | Sheppard Mullin Richter & Hampton LLP on 3/25/2013

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael Greco | Fisher & Phillips LLP on 3/18/2013

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 3/18/2013

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

Supreme Court Enforces Arbitration Clause And Confines Court Of Appeals To The Arguments Raised By The Parties

by David Johnson | Winstead PC on 3/15/2013

In Richmont Holdings, Inc. v. Superior Recharge Sys., L.L.C., an asset purchase agreement included a binding arbitration clause. No. 12-0142, 2013 Tex. LEXIS 71 (Tex. January 25, 2013). The seller of the business signed an...more

Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis

by Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

In February, two New York Federal District Court decisions joined other recent federal cases in enforcing arbitration agreements that preclude employees from bringing their Fair Labor Standards Act (“FLSA”) claims on a...more

No Habla Arbitration: An Arbitration Agreement, to Be Enforceable With an Employee Who Only Reads Spanish, Must Be in Spanish

by John Doran | Sherman & Howard L.L.C. on 3/6/2013

A Texas appellate court recently provided a valuable lesson in the very basics of arbitration agreements. In Delfingen US-Texas, LP v. Valenzuela*, the Court struck down an otherwise excellent arbitration agreement because...more

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Alternative Dispute Resolution (ADR) › Labor & Employment Law › Commercial Law & Contracts