The Ninth Circuit Court of Appeals has affirmed the partial denial of a motion to compel arbitration after concluding that the arbitration agreement did not clearly and unmistakably evidence an intent to delegate the question...more
The U.S. District Court for the Southern District of New York recently rejected a party’s efforts to avoid arbitration and granted the opposing party’s motion to compel....more
The Second Circuit Court of Appeals has concluded that a dispute about what fees each party to an ongoing arbitration is required to pay is a matter for the arbitrator, not a court, to determine.
Twitter Inc., now known as...more
The Sixth Circuit Court of Appeals reversed a district court’s order compelling arbitration after concluding that the defendants’ actions in twice seeking an immediate and total victory in court by asking the district court...more
12/23/2025
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Binding Arbitration ,
Dispute Resolution ,
Employment Contract ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Motion to Compel ,
Motion to Dismiss ,
Title VII ,
Waivers
The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic...more
11/11/2025
/ Arbitration ,
Arbitration Agreements ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal v State Law Application ,
Insurance Contracts ,
Insurance Litigation ,
International Arbitration ,
Jurisdiction ,
Motion to Compel ,
Non-Signatories ,
Property Damage ,
Reinsurance ,
Storm Damage ,
Supremacy Clause
The Second Circuit Court of Appeals has rejected a challenge to a confirmation of an arbitration award upholding the nonrenewal of a master franchise agreement for Subway restaurants....more
6/30/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Business Litigation ,
Contract Disputes ,
Contract Terms ,
Franchise Agreements ,
Franchises ,
International Arbitration ,
Subway
The Second Circuit Court of Appeals has affirmed the dismissal of a challenge to a FINRA arbitration award after concluding that federal courts lacked jurisdiction over the matter....more
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more
5/20/2025
/ Appeals ,
Arbitration Agreements ,
Breach of Contract ,
Business Disputes ,
Business Litigation ,
Commercial Litigation ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
International Arbitration ,
Jurisdiction ,
Motion to Compel
The Fourth Circuit Court of Appeals recently concluded that the U.S. Supreme Court’s decision in Coinbase Inc. v. Bielski is not limited to interlocutory appeals involving arbitration....more
5/2/2025
/ Appellate Courts ,
Automatic Stay ,
Coinbase Inc v Bielski ,
Drug & Alcohol Abuse ,
Drug Distribution ,
Interlocutory Appeals ,
Jurisdiction ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
Remand ,
SCOTUS ,
Stays
The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more
4/29/2025
/ Appeals ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Contract Disputes ,
Employee Benefits ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Relations ,
Retirement ,
Unions ,
Xerox
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
2/25/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
China ,
Comity ,
Dispute Resolution ,
Enforcement Actions ,
Foreign Judgments ,
Hong Kong ,
International Arbitration ,
Jurisdiction ,
New York Convention ,
Public Policy
The Fourth Circuit Court of Appeals recently held that it lacked jurisdiction over a petition to vacate an arbitration award....more
2/4/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Broker-Dealer ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Jurisdiction ,
Lack of Jurisdiction ,
Motion to Vacate ,
Securities Litigation ,
Securities Regulation
The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract....more
The Seventh Circuit Court of Appeals recently refused to invalidate an arbitration award in a breach of contract case involving patent royalties based on purported violations of public policy....more
Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more
11/12/2024
/ Civil Rights Act ,
Coaches ,
Educational Institutions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
Professors ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
Title VII
Penn State recently agreed to pay $1.25 million to settle allegations of False Claims Act violations related to its cybersecurity controls after a whistleblower alleged that the university failed to adhere to cybersecurity...more
11/5/2024
/ Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Penn State ,
Settlement ,
Statutory Violations ,
Whistleblowers
Gone With the Wind?
Closed-End Funds Risk Extinction -
Shares of SEC-registered closed-end funds (CEFs) have long held significant potential advantages for some investors. For example, unlike shares of mutual funds...more
10/16/2024
/ Cybersecurity ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
Insurance Regulations ,
Investment ,
Investment Adviser ,
Investment Management ,
Life Insurance ,
NAIC ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Social Media
A federal judge in Texas has enjoined the Federal Trade Commission’s ban on noncompete agreements, leaving the FTC’s attempt to quash such agreements waiving in the breeze, at least for the time being....more
10/4/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Motion To Enjoin ,
New Rules ,
Non-Compete Agreements ,
Restrictive Covenants ,
SCOTUS
The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of...more
The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more
6/5/2024
/ Arbitration ,
Arbitration Agreements ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Misclassification ,
Motion to Compel ,
Opt-Outs ,
Uber ,
Wage and Hour
Last Lap in SEC RILA Rulemaking Critical Unresolved Issues -
Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more
5/29/2024
/ Artificial Intelligence ,
Broker-Dealer ,
CFTC ,
Climate Change ,
Cybersecurity ,
Disability Discrimination ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Investment Adviser ,
Investment Management ,
Life Insurance ,
NAIC ,
NLRB ,
Private Equity ,
Private Funds ,
Private Placements ,
Proposed Legislation ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more
The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more
The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
The U.S. District Court for the Northern District of Texas recently dismissed certain claims brought by a reinsurer related to its efforts to audit an insurer’s broker....more