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California Appellate Court Upholds Delegation Clause In Arbitration Agreement

The issue before the California Appellate Court was whether the trial court erred in enforcing a delegation clause in an arbitration agreement governed by the Federal Arbitration Act (“FAA”), and granting the defendant’s...more

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

When Less Is More: Drafting Enforceable Arbitration Provisions

When drafting contracts, can specificity ever not be a virtue? When a contract leaves material terms open, after all, the contract might be void for indefiniteness. E.g., Boyce v. McMahan, 285 N.C. 730, 734, 208 S.E.2d 692,...more

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign...more

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