Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Consumer Finance Monitor Podcast Episode: A Discussion of Industry and Consumer Perspectives on Mass Arbitration
California Employment News: The State of Mandatory Arbitration Agreements in California Employment
Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
#WorkforceWednesday: New Law on Arbitration of Sexual Harassment Claims, Cyber War Ramps Up, Salaried Nonexempt Status - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
DE Under 3: OFCCP Contractor Portal & Request for Comments for Functional Affirmative Action Programs (FAAPs)
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
In Choice Hotels International Inc. v. Gresham Hotel LLC, the U.S. District Court for the District of Maryland addressed an application filed by plaintiff Choice Hotels International to confirm an arbitration award against...more
In Kendall Hope Tucker v. Money Group, 2026 TSPR 9, 217 DPR ___ (2026), the Supreme Court of Puerto Rico addressed the enforceability of an arbitration clause contained in a private employment contract in the context of a...more
The Puerto Rico Supreme Court issued a significant ruling in Tucker v. Money Group, LLC, 2026 T.S.P.R. 9 (Jan. 27, 2026), holding that individual employees who sign valid arbitration agreements must arbitrate discrimination...more
In Parrish v. Vulcan Materials Company, 2025 WL 2710407 (D. Ariz. Sep. 23, 2025), the U.S. District Court for the District of Arizona granted an employer’s motion to compel arbitration, holding that a valid arbitration...more
Class actions challenging allegedly misleading food labels remain a staple of consumer litigation, particularly in California. One well-known northern California District Court is universally known to class action...more
Just in time for the new year, Wise v. Tesla Motors, Inc. (2025) offers fresh guidance on how California courts should treat allegedly unconscionable terms in collateral employment agreements when deciding whether to enforce...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
Talia Shayla Alexis Wise sued her former employer (Tesla) for disability discrimination and related claims. In response, Tesla filed a motion to compel arbitration, which the trial court denied after determining that the...more
The district court confirmed an arbitration award in favor of Jennifer Gates under the Fair Labor Standards Act and Arizona state law, and denied VIP Mortgage’s petition to vacate the award of unpaid overtime wages,...more
The U.S. Supreme Court denied a petition for writ of certiorari in Zeidman v. Lindell Management LLC, a case involving a $5 million contest promoted by MyPillow founder Mike Lindell. The question in that case was whether...more
In Plastic & Reconstructive Surgery Group v. Aetna, Inc., the U.S. District Court for the District of Connecticut addressed a motion filed by petitioner Plastic & Reconstructive Surgery Group to allow discovery of the reasons...more
The First District Court of Appeal’s decision in Quilala v. Securitas Security Services USA, Inc. underscores the significant reach of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021...more
The New Jersey Appellate Division has ruled that arbitration agreements are unenforceable whenever a lawsuit includes an adequately pled claim of sexual harassment or sexual assault because a federal law requires that the...more
The California Court of Appeal rejected the argument that the Federal Arbitration Act (FAA) cannot apply absent evidence of interstate commerce, emphasizing that arbitration under the FAA is a matter of consent. Thus, the...more
Employment arbitration agreements provide employers and employees with a fair and efficient way to resolve disputes outside of court litigation. The legal requirements for and best practices surrounding employment arbitration...more
Under its current leadership, the SEC has emphasized capital formation as a key priority. Consistent with that focus, on September 17, 2025, the SEC issued a policy statement clarifying that the presence of mandatory investor...more
When is arbitration not “arbitration” under the FAA? In August 2025, a federal appeals court ruled that race discrimination claims brought by Brian Flores, former head coach of the Miami Dolphins, should not be...more
California’s Senate Bill (“SB”) 82, effective January 1, 2026, is set to spark some fireworks. The Bill seeks to curb the reach of arbitration provisions in consumer contracts by voiding so-called “infinite” arbitration...more
On December 15, 2025, the Eleventh Circuit Court of Appeals joined several circuit courts in refusing to enforce arbitration agreements that purport to waive plan-wide relief available under the Employee Retirement Income...more
Proskauer secured a victory for our client on a motion to compel arbitration in a sex discrimination action filed in the Los Angeles Superior Court. The plaintiff alleged sex-based discrimination and harassment; retaliation;...more
California Governor Gavin Newsom recently signed Senate Bill (SB) 82 into law, introducing significant changes that could reshape the enforcement of arbitration clauses in California consumer agreements. This legislation,...more
Texas courts enforce arbitration agreements strictly as written, making precise drafting critical. Incorporating AAA or similar rules can shift arbitrability decisions from courts to arbitrators....more
In California v. Express Scripts Inc., the Ninth Circuit Court of Appeals considered whether to extend the Supreme Court’s 2023 decision in Coinbase Inc. v. Bielski, which held that a district court must enter an automatic...more
In a 2022 decision, Badgerow v. Walters, the U.S. Supreme Court held that under Sections 9 and 10 of the Federal Arbitration Act (FAA), a federal court may exercise jurisdiction over post-award motions to confirm or vacate...more
President Trump Signs Executive Order to Limit State Regulation of Artificial Intelligence - On December 11, 2025, President Trump signed an executive order purporting to limit the ability of states to regulate the use of...more