Contract Terms, Arbitration Agreements, Waivers

The Absence of a Uniform Arbitration Waiver Test in the Second Circuit Poses Litigation Challenges

BCLP on 12/18/2024

Defendants considering whether to seek dismissal of a complaint or to compel arbitration have to consider when failing to compel arbitration waives their right to arbitration. Since the Supreme Court’s 2022 decision in Morgan...more

10 Considerations for Personal Transportation Customer and Vendor Agreements

Nilan Johnson Lewis PA on 10/8/2019

Manufacturers of personal transportation and other micromobility devices—as well as providers of sharing networks for such devices—can save hundreds of thousands of dollars in litigation fees by taking proactive steps to...more

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

Seyfarth Shaw LLP on 2/6/2019

Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

The Basics of Arbitration: Q&A

Poyner Spruill LLP on 1/24/2019

Most businesses are generally familiar with arbitration, but the details of the process can sometimes be a bit murky. Whenever parties engage in arbitration, those unknown details can cause confusion and anxiety for even the...more

California Court Invalidates Arbitration Agreement With PAGA Waiver

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2019

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court...more

Chris Lazarini Provides Insight on Waiving Contractual Right to Arbitration

Bass, Berry & Sims PLC on 5/10/2017

Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration. The factors, which are tied to potential prejudice...more

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2015

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

Contract Terms › Arbitration Agreements › Waivers