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Arbitration E-Signatures

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ervin Cohen & Jessup LLP

Another Blow to E-Signed Arbitration Agreements in California

Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees. The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple,...more

Clark Hill PLC

Electronically Signed Arbitration Agreements May Be Unenforceable

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What happens when an employee signs an arbitration agreement using their mobile device and later claims they did not knowingly sign the arbitration agreement because they were not previously told about it? Well, according to...more

Epstein Becker & Green

The Enforceability of Employees’ Electronic Signatures Is the Next Battleground for Arbitration Agreements With Class Action...

Epstein Becker & Green on

Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

Troutman Pepper

California Court of Appeals Suggests Electronic Signatures Require Additional Proof for Authentication

Troutman Pepper on

On January 19, a California Court of Appeals issued a decision calling into question the evidentiary value of electronic signatures. Dicta in the opinion directly contradicts a previous ruling in Gamboa v. Northeast Community...more

Jackson Lewis P.C.

The “I Do Not Recall Signing” Defense to Arbitration Agreements Ruled Out by California Court of Appeal

Jackson Lewis P.C. on

Among the many challenges employers face in enforcing employment arbitration agreements in California are employees arguing that they are not bound by the agreement because they do not recall signing it, even when the...more

Kohrman Jackson & Krantz LLP

Second Circuit Makes It Easier for Employees to Question E-Signatures

Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were,...more

Seyfarth Shaw LLP

Seriously? The Second Circuit Makes Life More Difficult For Employers Who Use Electronic Signatures For Agreements With Their...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Even before the pandemic made in-person work in many industries a thing of the past many employers had stopped requiring that their employees execute employee agreements like non-competition and arbitration...more

Greenberg Glusker LLP

John Hancock, Meet the Digital Age - Best Practices When Obtaining Employee E-Signatures on Arbitration Agreements

Greenberg Glusker LLP on

Traditionally, a signature affixed to a document indicates that the person who “squiggled” on the document understands and agrees to the terms of the document. However, an electronic signature may not be as easy to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

BakerHostetler

Ohio District Court Rejects Multiple Challenges to Electronically Signed Arbitration Agreement

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Following the United States Supreme Court’s decision three years ago in Epic Systems Corp. v. Lewis, courts have increasingly enforced arbitration agreements with class action waivers. We blogged about the Epic Systems...more

Davis Wright Tremaine LLP

E-Signing Arbitration Agreements in a Remote World

A recent California Court of Appeal decision (Bannister v. Marinidence OPCO, LLC) provides employers with important guidance about using electronic signatures to confirm acceptance of arbitration agreements with employees....more

Bradley Arant Boult Cummings LLP

Enforcing Electronic Contracts in Texas When the Other Party Denies Signing

As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a...more

Bennett Jones LLP

Long-Awaited Amendments to LCIA Arbitration Rules to Result in Streamlined, Tech-Friendly Arbitrations

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On August 11, 2020, following input from external users, the London Court of International Arbitration (LCIA) issued a significant update to its 2020 LCIA Arbitration Rules. Among other things, the 2020 LCIA Rules include...more

Fox Rothschild LLP

LCIA Releases Update To Its Arbitration Rules

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The London Court of Arbitration (LCIA) released 2020 update to its arbitration and mediation rules (the “Rules updates”), which comes into effect on October 1, 2020. The purpose of the update is to “aim to make the arbitral...more

Sheppard Mullin Richter & Hampton LLP

Is Hate Too Strong A Word (When It Comes To Compelling Arbitration In California)?

When it comes to compelling arbitration in California, courts often put the moving party to the test. The most recent example is the Fourth Appellate District’s decision in Fabian v. Renovate America. Affirming a lower...more

NAM (National Arbitration and Mediation)

The Power Of Technology And Its Role In The Alternative Dispute Resolution Arena

As a former Justice of the Supreme Court, I have seen first-hand how technology has impacted legal proceedings within the courtroom. From technology-based evidence presentations and electronic submissions, to “day in the...more

Burns & Levinson LLP

Arbitration Clauses in Electronic Agreements May Be Difficult to Enforce

Burns & Levinson LLP on

Electronic agreements have become a staple of today’s e-commerce world, and such agreements generally are as enforceable as those written on parchment and signed with a quill pen. One notable exception, however, is where the...more

Dorsey & Whitney LLP

Quirky Question #268: E-Sign Away!

Dorsey & Whitney LLP on

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature

Ruiz v. Moss Bros. Auto Group., Inc., No.E057529 (December 23, 2014): Challenges to the validity and enforcement of arbitration agreements continue to be a hotly litigated area of California wage and hour law, specifically...more

Ballard Spahr LLP

No Arbitration Where Employer Was Unable To Authenticate Employee's Electronic Signature on Arbitration Agreement

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The California Court of Appeal, Fourth District, recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an...more

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