Commercial Law & Contracts, Conflict of Laws, Alternative Dispute Resolution (ADR)

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 4/16/2013

Proponents of consumer arbitration have been buoyed by a Ninth Circuit opinion issued on April 11, 2013, that underscores the dramatic impact that AT&T Mobility, LLC v. Concepcion has had on the enforcement of consumer...more

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

by Sandra McCallion | Cohen & Gresser LLP on 4/12/2013

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 1/30/2013

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

by Travis Anderson, Shannon Petersen | Sheppard Mullin Richter & Hampton LLP on 1/22/2013

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 12/21/2012

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

Courts Continue to Wrestle With Arbitration Issues

by Greg Mersol | BakerHostetler on 12/17/2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

by Peter C. Vilmos | Burr & Forman on 12/13/2012

Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

by Matthew H. Adler, Brian A. Berkley, Frank H. Griffin, Ryan E. Peters | Pepper Hamilton LLP on 12/6/2012

The United States Supreme Court recently entered the latest of a series of opinions that prevent state courts from interfering with arbitration on state policy grounds. On November 26, 2012, the Court issued its per curiam...more

Supreme Court: Arbitration Agreements May Trump Conflicting State Law

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 12/3/2012

Employers that utilize arbitration agreements just received a major vote of confidence from the Supreme Court of the United States (SCOTUS). In Nitro-Lift Technologies, LLC v. Eddie Lee Howard, et al., +2012 U.S. LEXIS...more

Appellate Panel Tries to Draft a Roadmap for the California Supreme Court to Save California's Prohibition of Class Action Waivers...

by Sheppard Mullin Richter & Hampton LLP on 12/1/2012

The battle for how the landmark arbitration decision Concepcion v. AT&T Mobility (“Concepcion”) should be construed in California continues with Monday’s issuance of Franco v. Arekelian Enterprises, Inc. (“Franco II”)....more

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

by Fisher & Phillips LLP on 11/30/2012

This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

by Sands Anderson PC on 11/28/2012

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

by Michael A. Warner Jr. | Franczek Radelet P.C. on 11/28/2012

In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration...more

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/27/2012

A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California....more

High Court Vacates State Supreme Court’s Arbitration Ruling in Noncompete Case

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2012

This morning, the U.S. Supreme Court, in a per curiam opinion, ruled that the Oklahoma Supreme Court failed to adhere to a correct interpretation of the Federal Arbitration Act (FAA). The Court vacated a decision made by the...more

Arbitration on Supreme Court’s Plate in American Express Case

by Ballard Spahr LLP on 11/12/2012

In a federal antitrust case brought by restaurant owners against American Express, the Supreme Court agreed on November 9 to decide "whether the Federal Arbitration Act permits courts, invoking the 'federal substantive law of...more

Arbitration at the Supreme Court (2011 to 2012 Term)

by Morrison & Foerster LLP on 10/29/2012

Originally published in the New York Dispute Resolution Lawyer Newsletter, Fall 2012, Vol. 5, No. 2, on October 29th, 2012. The U.S. Supreme Court took time out from its momentous work deciding the fate of the health...more

Enforcing Class Action Waivers: A "Major Change In California Law"

by Sheppard Mullin Richter & Hampton LLP on 10/15/2012

In Phillips v. Sprint PCS, __ Cal. App. 4th __, 2012 WL 4378199 (1st Dist., Sept. 26, 2012), the California Court of Appeal affirmed a trial court’s decision to reconsider its past order refusing to enforce an arbitration...more

Romney, Obama, Consumer Law & the Supreme Court

by Lawyers.com on 10/5/2012

Voters can gain some wisdom as to how President Barack Obama’s second term or Mitt Romney’s first could affect consumer law by looking at what type of U.S. Supreme Court justice each would appoint to any upcoming...more

D.R. Horton Decision on Class Action Waivers in Mandatory Arbitration Agreements Draws Decidedly Negative Reaction from Federal...

by Franczek Radelet P.C. on 9/24/2012

In January, we reported on the National Labor Relations Board’s (NLRB) controversial decision in D.R. Horton, Inc. and the broad implications that it had for both union and non-unionized workforces. The NLRB’s decision in...more

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

by Schnader Harrison Segal & Lewis LLP on 9/13/2012

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal...more

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Commercial Law & Contracts › Conflict of Laws › Alternative Dispute Resolution (ADR)