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EEOC Officials Field Pointed Questions During Senate Committee Hearing

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing...more

Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by...more

Precedent Set in Colorado Construction Defect Law

On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued...more

Construction Defect Reform Bill Defeated

Senate Bill 15-177, a bill introduced to reform Colorado’s construction defect litigation process, was defeated in a House of Representatives Committee on April 28, 2015 without being presented for a full vote in the House....more

Delaware Rapid Arbitration Act to Take Effect in May 2015

On April 2, 2015, Delaware Governor Jack Markell signed into law the Delaware Rapid Arbitration Act (the DRAA). The bill (H.B. 49) had been passed overwhelmingly by the Delaware House and unanimously by the Delaware Senate in...more

Delaware Legislature Introduces Rapid Arbitration Act

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

Mandatory Arbitration Undercutting Consumer Rights?

New Jersey businesses may face increased litigation if proposed legislation to bar mandatory arbitration clauses in consumer contracts is made law. The proposed bill – recommended for passage by the Assembly Consumer Affairs...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

Haiti’s Overdue Elections: ‘Unfavourable Conditions’ for Foreign Investment

It is a truism that political risk to foreign investment increases in the vicinity of changes of power in host states, including where change comes about democratically. In one of many investment treaty arbitrations arising...more

Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million

The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued...more

From Second and State: Legislative Preview for the Week of October 2014

Both the House and Senate will return to Harrisburg this week for the first of two weeks of voting session in the month of October. They won’t return until after November’s election, when they’ll be back for one scheduled day...more

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Latin American Truth Commissions: Confronting the Past - A comparative assessement of truth and reconciliation commissions in...

We live in a multipolar world, where development and investment alike require reliable mechanisms for conflict resolution—to confront past problems and neutrally resolve future disputes. Latin America is a vibrant...more

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

A perspective on the continuing saga of construction defects law

Ever since 2003, when comprehensive legislation was passed to address abuses in the pursuit by the plaintiff’s bar of windfalls from massively overstated litigation claims regarding alleged construction defects in the...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Washington Could Use A Little More Mediation

Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a...more

Senate Confirms Three National Mediation Board Nominees

Last night, the U.S. Senate confirmed a three-member slate of National Mediation Board (NMB) nominees, giving the NMB a full complement of members for the first time in over a year....more

Director Cordray’s appearance at Senate Banking Committee hearing yields arbitration news

The only new item of information revealed by Director Cordray during his appearance yesterday before the Senate Banking Committee hearing (in response to a question from Senator Elizabeth Warren) was that he feels “quite...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

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