Civil Rights, Commercial Law & Contracts, Alternative Dispute Resolution (ADR)

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

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

February 2013 U.S. Labor and Employment Update

by Alan Berkowitz, Jennifer Burdick, J. Ian Downes, Linda Dwoskin, Kate Ericsson, Thomas Johnson, Melissa Squire | Dechert LLP on 2/22/2013

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

Fenwick Employment Brief - February 2013

by Daniel J. McCoy, Saundra Riley | Fenwick & West LLP on 2/21/2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

by Charlie Plumb | McAfee & Taft on 2/11/2013

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

California Court Upholds Arbitration Agreement

by Tracey Fagelbaum | Proskauer - California Employment Law on 1/14/2013

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

Fenwick Employment Brief - December 2012

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 12/19/2012

In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

Fenwick Employment Brief - August 2012

by Fenwick & West LLP on 8/17/2012

In This Issue: Time To Tidy Up Your Arbitration Clause; California Court Provides Insight Into Application And Scope Of Administrative Exemption; NEWS BITES: Employers Can Recover Against Advances On Commissions;...more

"Employment Flash" - March 2012

by Skadden, Arps, Slate, Meagher & Flom LLP on 3/22/2012

The March 2012 edition covers important new developments in labor and employment law, including the following: - Expanded Protections for Sarbanes-Oxley Whistleblowers; - NLRB Limits Use of Class Action...more

NLRB Finds Arbitration Provision Banning Class and Collective Actions to be Unlawful

by Foley Hoag LLP on 1/12/2012

On January 3, 2012, the National Labor Relations Board (NLRB) held in D.R. Horton that a mandatory arbitration agreement between an employer and its employees violated the National Labor Relations Act (NLRA), because it...more

Fenwick Employment Brief - December 14, 2011

by Fenwick & West LLP on 12/15/2011

In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington...more

Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen

by Morrison & Foerster LLP on 11/30/2011

After deciding four arbitration cases during the previous term, the United States Supreme Court decided only one case regarding arbitration during its 2010 term (commencing in October 2010 and extending until June 2011)—but...more

October 2011: Class Action Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/10/2011

Class-Less Actions: Depending on which side of the class action divide you are on, 2011 has been either a very good year or a disaster. In April, and again in June, the United States Supreme Court issued decidedly...more

English Supreme Court Champions Party Autonomy in Arbitration

by Reed Smith on 8/10/2011

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

UK Supreme Court Confirms Parties’ Right to Choose Nationality of Arbitrators

by McDermott Will & Emery on 8/4/2011

On 22 June 2010, the Court of Appeal of England and Wales, ruling on Jivraj v Hashwani [2010] EWCA Civ 712, [2010] ICR 1435, held that arbitrators are employees for the purposes of UK law. This decision caused considerable...more

Jivraj v. Hashwani – England’s Highest Court Supports Autonomy And Flexibility In Arbitration

by White & Case LLP on 7/24/2011

Last year, the English Court of Appeal’s decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that “nationality” provisions in arbitration clauses (including those in the ICC and...more

In Brief—UK Employment and HR Newsletter

by Morrison & Foerster LLP on 6/17/2011

In this mid-year issue of our employment and HR newsletter, we look at the top ten lessons in dismissal and discrimination that we can learn from case law so far this year. We also highlight the key employment law changes...more

Legal Alert: Texas Supreme Court Permits Expansive Review of Arbitration Awards

by FordHarrison on 6/8/2011

The Texas Supreme Court recently held that parties to an arbitration agreement governed by the state's arbitration act can agree that the arbitrator's decision will be subject to review to the same extent as a court decision...more

After the Supreme Court’s AT&T Ruling, Are Consumer Class Actions Dead?

by Howard Ankin on 5/9/2011

According to many sources, the United State’s Supreme Court’s 5-4 ruling in the Concepcion v. AT&T decision is anything but favorable for consumers. The decision allows corporations to ban class actions by using the...more

Labor Letter - May 2011

by Fisher & Phillips LLP on 5/5/2011

In This Issue: Arbitration Can Save Time and Money By James R. Holland II (Kansas City) As American businesses slowly emerge from the worst downturn since the Great Depression, employers should steer clear of roadblocks...more

Massachusetts Supreme Judicial Court Holds that Arbitration Clause Does Not Preclude MCAD Proceeding

by Foley Hoag LLP on 3/16/2011

The Massachusetts Supreme Judicial Court recently held that an employee could file a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), despite that she was subject to a valid arbitration agreement...more

IP Update, Vol. 14, No. 2, February 2011

by McDermott Will & Emery on 3/1/2011

IN THIS ISSUE: Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the...more

Recent U.S. Supreme Court Decisions Alter the Shape of the Workplace

by Dinsmore & Shohl LLP on 7/2/2010

A series of decisions recently issued by the Supreme Court of the United States, may alter your workplace and result in an evaluation of your polices and procedures as well as potentially create concerns regarding past...more

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Civil Rights › Commercial Law & Contracts › Alternative Dispute Resolution (ADR)