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Federal Arbitration Act Today's Popular Updates

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Troutman Pepper

Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

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A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more

Harris Beach PLLC

SCOTUS Rules that Litigation Must Cease While Question of Arbitrability is on Appeal

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In a decision with implications nationwide, the Supreme Court of the United States recently ruled that, under the Federal Arbitration Act — the principal federal statute that governs judicial enforcement of arbitration...more

Carlton Fields

Arizona District Court Confirms Arbitration Award, Denies Cross-Motion to Vacate

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Relying on the Federal Arbitration Act (FAA) and noting that the FAA “enumerates limited grounds on which a federal court may vacate, modify, or correct an arbitral award,” the U.S. District Court for the District of Arizona...more

Blank Rome LLP

“C” Is for Consent When It Comes to Arbitration in California: U.S. Supreme Court Holds that Representative Action Waivers Are...

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Last week, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (US 20–1573 6/15/22) (“Moriana”). The singular question presented to the Court was whether the Federal...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Locke Lord LLP

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

Locke Lord LLP on

April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

Morrison & Foerster LLP

International Arbitration Update: Widening Circuit Split, Seventh Circuit Joins Second And Fifth Circuits In Refusing To Allow...

A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more

Womble Bond Dickinson

Uber Wins a Trip to Arbitration

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Last Tuesday, the District Court for the Southern District of California ordered a TCPA case involving Uber Technologies (“Uber”) to arbitration and issued a stay pending the outcome of the arbitration....more

Patterson Belknap Webb & Tyler LLP

Arbitration Back on the Table: NY State Ban on Compelled Arbitration of Sexual Harassment Claims Rolled Back

As discussed in a previous alert, the 2018–19 New York State budget included provisions designed to combat sexual harassment in the workplace, including a ban on compelled arbitration of sexual harassment claims. Recently,...more

Akerman LLP - HR Defense

Federal Judge Rejects New York Law Prohibiting Mandatory Pre-Dispute Arbitration of Sexual Harassment Claims

New York’s ban on pre-dispute agreements requiring employees to use arbitration to resolve sexual harassment claims is invalid, a federal judge in Manhattan has ruled. In a decision from the United States District Court for...more

Bond Schoeneck & King PLLC

Federal Court Holds That New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims Is Invalid

In 2018, Governor Cuomo signed a State Budget bill that included various provisions addressing sexual harassment in the workplace. Among those provisions was a prohibition on including in any written contract a clause...more

Locke Lord LLP

April and May 2019 Independent Contractor Misclassification and Compliance News Update

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The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Jackson Lewis P.C.

Supreme Court Preview: 2018-2019 Term

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The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other...more

Mintz - Arbitration, Mediation, ADR...

The Right to Compel Arbitration Under the FAA Can Be Overridden by Another Federal Statute

The Federal Arbitration Act (“FAA”) reflects a strong federal policy in favor of arbitration. In extraordinary cases, however, a dispute that otherwise would be arbitrable under the FAA could be rendered non-arbitrable by...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Kelley Drye & Warren LLP

Arbitration Face-Off between California and the Federal Government Leaves California Employers in Limbo

AB 3080, a bill inspired by the #MeToo movement that would bar employers from inserting binding arbitration clauses into contracts as a condition of employment, passed the California State Assembly on May 31, 2018. The bill...more

McCarter & English, LLP

Supreme Court Removes A Final (?) Roadblock For Employment Arbitration Agreements

Class action lawsuits against employers have steadily increased both in number and in dollar value over the past two decades. These lawsuits cost employers millions, often for technical or minor violations spread over many...more

Blank Rome LLP

The Epic Systems Decision: Where Do Employers Go from Here?

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The U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis has significant ramifications for the scope of class action waivers in employee arbitration agreements. In each of the three consolidated cases that the Court’s...more

Baker Donelson

Using Arbitration Agreements to Avoid Class Action Claims in Data Breach Lawsuits

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Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more

Davis Wright Tremaine LLP

Pending New York State and City Legislation Materially Impacts Employer Policies and Practices Concerning Workplace Sexual...

In the wake of national media coverage of sexual harassment claims and the #metoo movement, New York State and City lawmakers have proposed legislation placing more obligations on employers to address sexual harassment in the...more

K&L Gates LLP

A First in the Second (Circuit): On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

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In what appears to be a first-of-its-kind ruling, the District Court for the Southern District of New York recently concluded that a federal district court has the authority to vacate an arbitrator’s class certification award...more

Orrick - Employment Law and Litigation

Oral Arguments Heard by the Supreme Court on Enforceability of Class Action Waivers in Arbitration Agreements

In July, we reported that the Supreme Court scheduled oral arguments to settle the circuit split of whether mandatory class action waivers violate section 7 of the National Labor Relations Act (“NLRA”). Last month, both...more

Troutman Pepper

Consumer Data Breach: Equifax and Arbitration

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The latest large consumer data breach, this time involving Equifax, has also shed a sharp light on an ongoing controversy about consumers’ access to justice. In taking steps to ameliorate its PR crisis, Equifax found itself...more

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