News & Analysis as of

Mandatory Arbitration Clauses

Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims

On April 12, 2018, Governor Andrew Cuomo signed the New York State 2019 Budget Bill (the “Budget”), which contains, among other things, provisions: • Requiring employers to adopt a sexual harassment prevention policy that...more

[Webinar] Preparing for New York State and New York City’s New Sexual Harassment Prevention Mandates: What Employers Should...

by Jackson Lewis P.C. on

New York State and New York City each have passed sweeping measures intended to combat harassment in the workplace. Mayor Bill de Blasio is expected to sign the New York City Council’s legislation into law soon. Similarly,...more

Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action

by Carlton Fields on

This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant to an arbitration clause in the parties’...more

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding...more

New York’s Budget Bill Creates New and Significant Obligations for Employers

by Hodgson Russ LLP on

Through the FY 2019 budget bill, New York’s lawmakers have taken on the headline-grabbing issues of sexual harassment in the workplace, mandatory arbitration, confidentiality, and the use of taxpayer funds to compensate...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Court Enforced Forum-Selection Clause In Trust Document

by Winstead PC on

In In re JP Morgan Chase Bank, N.A., trust beneficiaries sued the trustee for alleged breaches of fiduciary duty in Dallas, Texas. No. 05-17-01174-CV, 2018 Tex. App. LEXIS 1883 (Tex. App.—Dallas March 14, 2018, original...more

In a Nod to the #MeToo Movement, New York Legislature Passes Comprehensive Anti-Sexual Harassment Legislation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill that will, among other things, prohibit all employers from requiring employees to arbitrate claims of sexual...more

New York Legislature Passes Significant Changes to Laws Combating Sexual Harassment in the Workplace

by Jackson Lewis P.C. on

As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to legislation aimed at combating sexual harassment in the workplace (Part KK of S7507-C). The legislation, including the...more

New Sexual Harassment Prevention Requirements For New York Employers

by Fox Rothschild LLP on

As part of the budget bill Gov. Andrew Cuomo is expected to sign within the next few days, New York will impose heightened obligations on employers to prevent sexual harassment. If enacted, the legislation will require the...more

Case Alleging That Barnes & Noble Wrongfully Shared Customer Information With Facebook Ordered To Arbitration

by Carlton Fields on

Plaintiff filed a class action against Barnes & Noble in the Southern District of New York, alleging that it violated her privacy by sharing information about her purchases with Facebook. Barnes & Noble moved to compel...more

The Hub: Transportation News & Insights - March 2018

by Wilson Elser on

Pre-trip Inspections: Are You Doing Enough? Every driver who earns a commercial driver’s license must demonstrate that he or she knows how to conduct a thorough pre-trip inspection. However, as technology on commercial...more

The FAA’s Presumption In Favor Of Arbitration Does Not Require Arguable Ambiguities In Arbitration Agreements To Be Interpreted As...

by Carlton Fields on

In a dispute over the scope of a mandatory arbitration provision, the Sixth Circuit rejected the argument that it is required by the Federal Arbitration Act’s presumption in favor of arbitration to interpret an arbitration...more

An Introductory Guide to Arbitration in Asia - March 2018

by Morgan Lewis on

Commercial parties, when entering into a contractual relationship, will have to address three key issues when negotiating the dispute resolution (or jurisdiction) clause. First, whether to resolve those disputes by...more

OnRisk: Arbitration Provisions in Insurance Policies

by K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

Fair Trading Act Becomes the Consumer Protection Act and Other Key Amendments

by Bennett Jones LLP on

Bill 31: A Better Deal for Consumers and Businesses Act passed First Reading on November 29, 2017, in the Alberta Legislature and received Royal Assent very quickly thereafter on December 15, 2017. Bill 31 amends the Fair...more

Blog: SEC Chair Confirms Mandatory Shareholder Arbitration Provisions And Dual-Class Share Structures Not Near-Term Priorities

by Cooley LLP on

Last week, at a meeting of the SEC’s Investor Advisory Committee, SEC Chair Jay Clayton delivered an opening statement, part of which addressed two governance topics of recent debate. One of the topics—dual-class share...more

Dissecting Common Basic Arbitration Clauses — You Can Build a Better One

Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why? A prime reason is that many parties do not make...more

Microsoft Has Eliminated Mandatory Arbitration of Employee Sexual Harassment Claims. So, What?

The #MeToo movement. The #TimesUp movement. Icons of media and industry brought down by sexual harassment scandals that date back years and decades. All this has led to much discussion in state legislatures, in legal circles,...more

United States: Another Blow to Employment Arbitration Clauses in Hawaii

by Dentons on

In Gabriel v. Island Pacific Academy, Inc., the Hawai‘i Supreme Court refused to enforce an arbitration clause in an employment agreement where the chosen arbitrator’s standard operating procedures required the employee to...more

Fourth Circuit Finds Incorporation Of Jams Rules Constitutes Parties’ Intent To Delegate Question Of Arbitrability To Arbitrator

by Carlton Fields on

The Fourth Circuit, noting that expansive general arbitration clauses will not suffice to force the arbitration of arbitrability disputes, looked at whether the parties’ express incorporation of JAMS Rules constituted “clear...more

Arbitration Of Wage Hour Claims Controversy Continues Unabated

by Fox Rothschild LLP on

The controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated the Fair Labor Standards Act by not...more

Arbitration

1. Excluding claims arising from Confidentiality provision from the arbitration clause was substantively unconscionable - In Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, review filed 4/28/17, a successful...more

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

by BakerHostetler on

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563...more

Attorneys General Support Ending Arbitration of Workplace Sexual Harassment Claims

by Murtha Cullina on

Last week, the National Association of Attorneys General (NAAG) sent a letter to leaders in Congress, urging the passage of legislation that would prohibit mandatory arbitration of workplace sexual harassment claims. In the...more

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