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 Nevada Supreme Court recently reversed the denial of a motion to compel arbitration, explaining that the plaintiff’s arguments that the contract at issue was illegal were not a valid basis to deny arbitration because...more
10/4/2023
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Delegation Clauses ,
Federal Arbitration Act ,
Motion to Compel ,
Nevada ,
NV Supreme Court ,
Terms of Service ,
Uber ,
Unenforceable Contract Terms
The United States Bankruptcy Court for the District of Puerto Rico recently rejected a defendant’s arguments that a clause in a Private Purchase and Sale Agreement of Shares and Other Matters was invalid under Supreme Court...more
The Third Circuit Court of Appeals has refused to enforce an arbitration agreement because it impermissibly limited claims to those available under tribal law at the expense of federal statutory claims. The court also...more
The U.S. Supreme Court has held that equitable estoppel doctrines can be invoked by non-signatories seeking to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards....more
6/17/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
New York Convention ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
The U.S. District Court for the Southern District of Texas recently compelled arbitration despite an insured’s claim that the operative arbitration clause was unconscionable because it required the arbitration panel to...more
The Ninth Circuit recently denied a motion to compel arbitration after concluding that an arbitration agreement “buried” in difficult to access terms for a smartphone app did not put users on constructive notice that they...more
1/28/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Browsewrap Agreement ,
Class Action ,
Class Action Arbitration Waivers ,
Constructive Notice ,
Contract Terms ,
Gambling ,
Mobile Apps ,
Motion to Compel ,
Putative Class Actions ,
Smartphones ,
Statutory Violations ,
Terms of Use
The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more
12/12/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Choice-of-Law ,
Contract Disputes ,
Contract Terms ,
CT Supreme Court ,
Federal Arbitration Act ,
Motion to Dismiss ,
Motion to Vacate ,
Statute of Limitations
The Eight Circuit has rejected a plaintiff’s claim that an arbitration clause in a retainer agreement she signed with a law firm after receiving a call from a purported agent of the firm informing her of a purported...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Ethics Breach ,
Jury Trial ,
Legal Ethics ,
Legal Representatives ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligent Misrepresentation ,
Professional Liability ,
Retainer Fees ,
Transvaginal Mesh ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Waiver of Rights
The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more
11/19/2019
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Terms ,
Electronic Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Illusory Contracts ,
Labor Law Violations ,
Labor Regulations ,
Motion to Compel ,
Putative Class Actions ,
Unconscionable Contracts
The U.S. District Court for the District of the Virgin Islands recently compelled arbitration after concluding that a personal guaranty incorporated an arbitration agreement from an underlying contract and rejecting various...more
The Fifth Circuit has joined a number of other circuits and concluded that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an...more
A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more
7/18/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Debt Collection ,
Debt Collectors ,
EFTA ,
Financial Services Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Putative Class Actions ,
Text Messages ,
Third-Party Service Provider ,
Unconscionable Contracts
The Southern District of New York has rejected a petition to vacate an arbitration award on the basis that the arbitrators failed to disclose allegedly material information.
...more
6/6/2019
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Consumer Financial Products ,
Consumer Lenders ,
Contract Disputes ,
Contract Terms ,
Failure To Disclose ,
Financial Institutions ,
Motion to Vacate ,
UBS
In a closely watched case, the Court of Appeal of England and Wales has given reinsurers a win with respect to reinsurance claims related to mesothelioma and other asbestos-related diseases....more
6/4/2019
/ Arbitration ,
Asbestos ,
Asbestos Litigation ,
Contract Terms ,
Good Faith ,
Insurance Litigation ,
Mesothelioma ,
Reinsurance ,
Reversal ,
Toxic Exposure ,
UK
The Tenth Circuit recently affirmed a district court’s decision partially compelling arbitration. Jesse Romero took out three title loans with TitleMax of New Mexico, Inc. Romero used his third loan to pay off his second loan...more