News & Analysis as of

Arbitration Agreements Pre-Dispute Arbitration

Ballard Spahr LLP

442 Congress members did NOT join anti-arbitration letter to CFPB

Ballard Spahr LLP on

Recently, 93 members of Congress (all Democrats) signed a letter in support of the pending Petition for Rulemaking filed by consumer advocacy groups in September that would prohibit pre-dispute consumer arbitration clauses...more

Troutman Pepper

CFPB Will Seek Public Input on Proposed Rule on Mandatory Pre-Dispute Arbitration Provisions

Troutman Pepper on

In response to a petition filed last week by a number of consumer advocacy groups, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it will be seeking public input on a possible rule that would curtail...more

Ballard Spahr LLP

CFPB reacts quickly and favorably to Petition submitted to it by consumer groups to ban pre-dispute arbitration

Ballard Spahr LLP on

Last week, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses that...more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Jackson Lewis P.C.

Predispute Employment Arbitration Agreements in Real Estate Industry After Enactment of New Limits

Jackson Lewis P.C. on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 will have far-reaching implications for real estate employers that, like in many other industries, have relied on mandatory predispute...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

Constangy, Brooks, Smith & Prophete, LLP

Biden signs #MeToo arbitration limit into law

Employers can't require arbitration of sexual harassment, assault lawsuits. President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The legislation provides that...more

Fox Rothschild LLP

New Federal Law Restricts Arbitration Agreements for Sexual Assault and Harassment Claims

Fox Rothschild LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is expected to be signed into law soon by President Biden and will amend the Federal Arbitration Act (FAA) to allow employees who are bound by...more

Jackson Lewis P.C.

Ninth Circuit Defers Decision on Petition for Rehearing Regarding AB 51

Jackson Lewis P.C. on

Last year, a divided Ninth Circuit panel found that the Federal Arbitration Act (FAA) did not completely preempt Assembly Bill (AB) 51, California’s ban on mandatory arbitration agreements. The U.S. Chamber of Commerce then...more

Cozen O'Connor

Prohibiting Arbitration of Sexual Harassment at Forefront of Amendment to Federal Arbitration Act

Cozen O'Connor on

On February 10, 2022, the Senate passed H.R. 4445, an amendment to the Federal Arbitration Act (FAA) otherwise known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”...more

Morrison & Foerster LLP

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual...

On Thursday, February 10, 2022, the United States Senate passed H.R. 4445, which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering...more

Jackson Lewis P.C.

House Passes Bill Limiting Predispute Arbitration Agreements Covering Sexual Assault and Sexual Harassment

Jackson Lewis P.C. on

Passed by the U.S. House of Representatives on February 7, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) would amend the Federal Arbitration Act (FAA) to make predispute...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

Goodwin on

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Morgan Lewis

FINRA Member Firms Promptly Should Review Predispute Arbitration Provisions in Customer Agreements

Morgan Lewis on

Pursuant to FINRA Regulatory Notice 21-16 that was issued on April 21, 2021, FINRA has observed certain practices that could subject firms to disciplinary action concerning predispute arbitration provisions in customer...more

Hogan Lovells

Pre-dispute employment arbitration agreements are enforceable in New Jersey, according to a recent ruling

Hogan Lovells on

On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered unenforceable any “provision in an employment contract that waives any substantive or procedural...more

Baker Donelson

Are Your Mandatory Arbitration Agreements Still Enforceable?

Baker Donelson on

On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Payne & Fears

California Appellate Court Issues Guidance on Enforcing Arbitration Agreements

Payne & Fears on

While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to...more

Kramer Levin Naftalis & Frankel LLP

The Evolving Landscape of Whistleblower Claims Under Dodd-Frank

Congress is poised to overturn two recent judicial interpretations of the whistleblower protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). On Sept. 23, 2019, the Whistleblower...more

Sheppard Mullin Richter & Hampton LLP

AB 51 – Arbitration Under Attack

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more

FordHarrison

Will Player and Employee Empowerment Kill Arbitration Agreements?

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Whether you follow sports or not, you have likely heard about the current state of professional sports, particularly the NBA, referred to as the era of “player empowerment.” And even if you aren’t familiar with this specific...more

Ballard Spahr LLP

House passes bill to ban mandatory arbitration agreements; White House threatens veto

Ballard Spahr LLP on

This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary...more

Carlton Fields

California Employers Win Major Damage Limitation in Wage and Hour Suits

Carlton Fields on

California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was...more

FordHarrison

Lessons in Drafting and Implementing an Enforceable Mandatory Arbitration Agreement

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Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was both procedurally and substantively unconscionable. The case involved...more

Ballard Spahr LLP

Dept. of Education finalizes regulations allowing use of pre-dispute arbitration agreements by schools receiving Title IV aid for...

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In less than a year, pre-dispute arbitration agreements will be clearly permissible again now that the Department of Education has finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in...more

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