As the restaurant industry continues to grapple with challenges against employee-arbitration clauses, the U.S. Court of Appeals for the Fifth Circuit has found that an arbitration agreement signed only by an employee is valid...more
On January 19, 2023, the California Court of Appeal, First District, Division 4, issued a troubling decision regarding the evidentiary value of electronic signatures in Iyere v. Wise Auto Group. First, a caveat. The...more
On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee...more
Impact of COVID-19 on Cross-Border Disputes - Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
The Court of Appeals for the First District of Texas recently held that the absence of the employer’s signature from an arbitration agreement did not render that agreement unenforceable. SK Plymouth, LLC v. Simmons, No....more
Of the state law defenses, unconscionability is the most often used and most effective legal justification for invalidating arbitration agreements. As a creature of state common law and state versions of the Uniform...more
Employers, dust-off your arbitration agreements and take a second look at the signature line. Is it signed by both parties? Did the employer representative sign on behalf of the correct corporate entity? ...more
Over the past few months, I have explained how arbitration agreements can help save your company money, and described several “best practices” for drafting arbitration agreements. As I wrote last month, getting your case...more
On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign...more
In keeping with Missouri courts' increasingly narrow view of enforcing arbitration agreements in the employment arena, the Missouri Court of Appeals in Baier v. Darden Restaurants yesterday upheld the trial court's decision...more