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Court Rejects Manifest Disregard Of Law Claim

A district court in Pennsylvania has denied a motion to vacate a prior arbitration award based on the arbitrator’s alleged manifest disregard of the law, and instead granted a motion to confirm the award in a case arising out...more

When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that...more

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...more

UPDATE: Third Circuit Affirms Arbitrability of Dodd-Frank Retaliation Claim in Khazin v. TD Ameritrade Holding Corp., ___ F.3d...

In March, we wrote about a ruling out of the District of New Jersey enforcing an arbitration provision contained in an employment agreement that pre-dated Dodd-Frank. The court reasoned that to disregard a pre-Dodd-Frank...more

Court Reverses Denial Of Petition To Compel Arbitration

In Mahmud v. Ralph’s Grocery Company, No. B237636 CA 2/4 (Nov. 10, 2014), the California Second Appellate District reversed and remanded a trial court denying the petition of an employer (Ralph’s) to compel arbitration of a...more

Bernstein Shur Business and Commercial Litigation Newsletter #46

We are pleased to present the 46th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address class actions pending against Silicon Valley companies,...more

Case Studies on Labor Dispatch

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an...more

NLRB Reaffirms Noel Canning Position on Use of Class Waivers in Arbitration Agreements

In its Noel Canning decision earlier this year, the U.S. Supreme Court vacated numerous decisions made by the National Labor Relations Board based on lack of a required quorum. The Court decided that President Obama’s recess...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

NLRB Reaffirms 2012 D. R. Horton Decision

The decision holds that arbitration agreements with class and collective action waivers violate the National Labor Relations Act. On October 28, the National Labor Relations Board (NLRB or the Board) held fast to its...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

No Class Action Waivers in Arbitration Agreements, Says NLRB

The National Labor Relations Board (NLRB) has decided to follow its own oft-criticized 2012 decision in D.R. Horton, holding that arbitration agreements barring class action lawsuits about working conditions, which are signed...more

In California, Who Decides If An Arbitration Agreement Covers Class Arbitration?

Network Capital Funding Corp. v. Papke, No. G049172 (October 9, 2014): A California Court of Appeal recently held that absent “clear and unmistakable” language in an arbitration agreement authorizing an arbitrator to decide...more

The EEOC’s Assault on Separation Agreements – A Bump in the Road, But It’s Far From Over

Most employers have separation agreement forms that have served them well over the years. The terms have become fairly standardized and, aside from the occasional tweak, they don’t change much and are rarely challenged. ...more

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to...more

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more

Failure to Disclose Procedures Dooms Arbitration Agreement

As a general rule, courts will uphold agreements that require employees to arbitrate their employment disputes. But an employer seeking to compel arbitration must show that the employee signed a valid written arbitration...more

The California Divide: Federal Courts Refuse to Follow State Supreme Court’s Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more

FINRA Issues Guidance Notice To Warn Against Settlements Barring Whistleblower Tips

This month, FINRA issued guidance notice 14-40 to reminds firms that “it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to include confidentiality provisions in settlement agreements...more

Legal Briefs: A Periodic Summary of Judicial Decisions Affecting Accounting and Financial Services Professionals - October 2014

The New Jersey District Court recently ruled that an economic damages expert retained by plaintiffs’ counsel in a class action was not entitled to any further compensation for his work. The facts in Rothstein v. Harstad...more

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that...more

California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration –...

In Network Capital Funding Corporation v. Papke, G049172, 2014 WL 5035099 (Cal. Ct. App. Oct. 9, 2014), the California Court of Appeal for the Fourth Appellate District declined to follow the reasoning of the Second Appellate...more

FINRA Provides New Carve-Out Provisions to Include in Settlement and Confidentiality Agreements

Financial Industry Regulatory Authority (FINRA) Member Firms have new language to include in their settlement and confidentiality agreements. On October 9, FINRA released Regulatory Notice (RN) 14-40, warning that firms are...more

EEOC Ramps Up Attack On Mandatory Arbitration Agreements

Over the course of its history, the U.S. Equal Employment Opportunity Commission (“EEOC”) has disfavored the application of mandatory arbitration agreements within the employment context. Indeed, until the decision in...more

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

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