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Alternative Dispute Resolution (ADR) Labor & Employment Finance & Banking

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

First Circuit Enforces Arbitration of ERISA Dispute

The First Circuit concluded that, pursuant to the applicable collective bargaining agreement, it was for an arbitrator, not the court, to decide whether the union’s claim that the employer failed to properly fund a defined...more

Employee Benefits Developments - April 2017

by Hodgson Russ LLP on

Deadline to Provide QSEHRA Notice Suspended - IRS Notice 2017-20 - Citing the lack of published guidance, the Internal Revenue Service (IRS) suspended the employer advance notice requirement for qualified small...more

Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

by Hirschfeld Kraemer LLP on

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

ERISA Class Action Waivers and Mandatory Arbitration–Will The Supreme Court Start A Trend?

by Seyfarth Shaw LLP on

Synopsis: Supreme Court has agreed to decide the fate of class waiver provisions in mandatory arbitration agreements, which may spark a new trend in ERISA benefits litigation. On January 13, 2017, the United States...more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

In this update on the litigation challenging the U.S. Department of Labor’s new fiduciary rule, we note that there has been a sixth lawsuit filed and oral arguments in two other cases.  ...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

by Carlton Fields on

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Employee Benefits Developments - September 2016

by Hodgson Russ LLP on

Final IRS Regulations Eliminate Requirement to File 83(b) Election with Tax Return - Under Section 83(a) of the Internal Revenue Code (the “Code”), if property is transferred in connection with the performance of...more

Court Grants Motion To Stay Action Pending Arbitration, And Found That Issue Of Whether Arbitration Clause Allows For Class...

by Carlton Fields on

In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank...more

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

by Ballard Spahr LLP on

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Accountant and Attorney Liability Newsbrief - Spring 2016

by LeClairRyan on

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the...more

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Orrick's Financial Industry Week in Review

CFPB Proposes Prohibition on Mandatory Consumer Arbitration Clauses - On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued and sought comment on proposed rules prohibiting mandatory arbitration clauses...more

Ninth Circuit Reverses Holding That Arbitration Clause In Employment Agreement Is Unconscionable

by Carlton Fields on

In early April, the Ninth Circuit Court of Appeals reviewed a lower court’s holding that an arbitration clause in an employment agreement with JP Morgan was procedurally and substantively unconscionable. Because the...more

Global Corporate and Transactional Highlights - March 2016

by K&L Gates LLP on

The 2016 Global Corporate and Transactional Highlights Brochure showcases various deals from across our five-continent platform over the past year. In the ninth year of this annual distribution of deal highlights, the...more

What's on the Horizon for Employers in 2016?

by FordHarrison on

2016 is nearly upon us. While federal employment legislation most likely will not be enacted in the upcoming year, employers can expect federal agencies to continue their efforts to implement the Obama Administration's agenda...more

California Court of Appeal holds certain class action waivers may be unenforceable

by Dentons on

Class action waivers have become common in consumer contracts, including sales agreements to purchase newly constructed residences and employment agreements, which may also contain arbitration clauses. After last year’s...more

Sixth Circuit Clarifies Prior Reversal Of An Order That Had Vacated Arbitration Award As A Manifest Disregard Of The Law

by Carlton Fields on

After an arbitrator ruled that indemnification agreements between an acquiring company and certain former directors and trustees of employee stock ownership plans, were void under ERISA, the district court vacated the...more

Labor & Employment E-Note - September 2015

by Burr & Forman on

The National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the concept of “joint employment”...more

Second Circuit Denies JP Morgan’s Attempt To Force Arbitration

by Carlton Fields on

The Second Circuit affirmed a New York district court ruling that found that the FINRA arbitration rules, one of which prohibits arbitration of putative or collective class actions, was incorporated within the subject...more

Commonwealth Court Affirms, Expands Public Employers’ Ability to Control Manning, Pension Costs through Collective Bargaining,...

by Ballard Spahr LLP on

The Commonwealth Court of Pennsylvania significantly strengthened public employers’ ability to address rising costs by holding that minimum shift manning requirements are a non-bargainable managerial prerogative. The court...more

Fourth Circuit Rejects Characterization Of Motions “For Reconsideration,” Remands To Determine Whether Dispute Is Arbitrable

by Carlton Fields on

The Court of Appeals for the Fourth Circuit recently remanded a case to the district court for full consideration of a request to compel arbitration, finding the lower court’s order “inconsistent with the emphatic federal...more

Federal Arbitration Case Update | Compelling and Appealing

by JAMS on

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

For Life Insurers and Agents – A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

by Carlton Fields on

The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more

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