In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - CRIMINAL...more
Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more
As we were waiting for SCOTUS’s decision in AmEx, we got a decision on vindicating statutory rights from a different high court: the Supreme Judicial Court of Massachusetts. ...more
Class action waivers in employment agreements have been a point of contention for quite some time. More often than not, courts around the country have found that employment arbitration agreements with class action waivers are...more
Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more
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
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
In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more
The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. ...more
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
Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133....more
The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more
Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more
The U.S. Supreme Court heard oral argument yesterday in the first of two cases to be argued this term again raising questions regarding the enforceability of arbitration agreements and class action waivers. These cases...more
We are pleased to present the 25th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight financial services industry news and developments, including continued support for...more
A Financial Industry Regulatory Authority (“FINRA”) hearing panel held that FINRA’s own rules prohibiting judicial class action waivers in broker-dealer customer arbitration agreements are preempted by the Federal Arbitration...more
On September 19, 2012, the California Supreme Court granted the plaintiff’s petition for review of the Second District Court of Appeal’s decision in Iskanian v. CLE Transportation Los Angeles, LLC, 206 Cal.App.4th 949 (2012)....more
In October 2011, Charles Schwab ("Schwab") began inserting into its customer Account Agreements a class action waiver clause....more
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
Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more
Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more
As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more
On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more
In Baldwin v. Regions Financial Corp., 98 So. 3d 1201 (Fla. 3d DCA 2012), the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement, containing a class action waiver,...more
Last year, around this time in fact, we wrote about the Federal Arbitration Act and the effect of AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), on an argument under Wisconsin law about the unconscionability of an...more
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