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Business Torts Alternative Dispute Resolution (ADR) Labor & Employment

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Chris Lazarini Comments on Court’s Preliminary Injunction Against DOL's Enforcement of its "Anti-arbitration" Rule

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on Thrivent's case seeking to enjoin the U.S. Department of Labor (DOL) from prohibiting the nonprofit's mandatory use of individual dispute resolution processes. Once the...more

Arbitration Provision Enforceable Despite Questions About Legitimacy Of Remainder Of Agreement

by Carlton Fields on

A New York state trial court has denied a motion to stay arbitration in an action brought by plaintiffs, a private equity firm and its affiliate, against defendants, two of plaintiffs’ former officers, despite plaintiffs’...more

Focused on Franchise Law - March 2014

by Lewitt Hackman on

FRANCHISOR 101: Franchisee Not Bound by Arbitration Provision - In March 2013, Edison Subs, LLC, a Subway franchisee/transferee, filed a complaint in New Jersey against Subway and Aliya Patel (the original...more

Fenwick Employment Brief - June 2013

by Fenwick & West LLP on

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Loss Aversion in Settlement Negotiations

Settlement negotiations regarding legal claims can generally be successful only if discussions lead to a compromise which leaves both parties fearful that litigation may lead to a result potentially far worse. When there are...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

The ERISA Litigation Newsletter - October 2012

by Proskauer Rose LLP on

In This Issue: - Editors' Overview - Prospects for Avoiding ERISA Class Actions with Arbitration Agreements - Rulings, Filings, and Settlements of Interest ...more

California Court Of Appeals Upholds Employer’s Arbitration Waiver

Can an employer require that its employees arbitrate employment law claims, rather than file lawsuits? Can an employer require that employees waive the right to take part in class action lawsuits or class arbitrations...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Dentons on

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Far reaching changes to Employment Tribunals are imminent

by PHILIP HENSON on

The launch of the “resolving workplace disputes” consultation by the Department for Innovation, Business and Skills (BIS) is described as being the next step in the Governments comprehensive review of employment laws. In...more

Who Decides What? A Review of Last Week’s U.S. Supreme Court Decisions Affecting Employers

by Miller & Martin PLLC on

In This Alert: I. Rent-A-Center, West, Inc. v. Jackson On June, 21, 2010, in Rent-A-Center, West, Inc. v. Jackson, the United States Supreme Court held that when an employee signs an arbitration agreement that...more

CLE Presentation

by United Arbitration, Inc. on

Presentation CLE United Arbitration PRESENTATION OUTLINE (CE / CLE Credits) ALTERNATIVE DISPUTE RESOLUTION ...more

L v. W. memo template demonstration

by Keith Berube on

Does your client's case have merit? Has there been an attempt, or is an attempt current, to resolve the situation without resorting to a trial? This is simply a demonstration of a memo template that can be used by lawyer or...more

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