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: 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
Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.
Arbitration Clauses in Employee Contracts and Beyond
The Change - On September 17, 2025, and effective September 19, 2025, the Securities and Exchange Commission (the “SEC”) announced two significant updates affecting its long-standing policy prohibiting certain mandatory...more
Sparked by Cooley’s Brad Goldberg’s discussion on a panel during the recent “Proxy Disclosure” conference hosted by TheCorporateCounsel.net – the Fall event that I founded many years ago – this blog features a list of the...more
On September 17, 2025, the US Securities and Exchange Commission (SEC) approved a policy statement (the Statement) that allows companies to include mandatory arbitration clauses in their governing documents for investor...more
On October 9, 2025, Chairman Paul S. Atkins of the U.S. Securities and Exchange Commission (SEC) gave a much-publicized keynote address at the University of Delaware’s John L. Weinberg Center for Corporate Governance. In the...more
A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate....more
As we’ve previously written, enforcing employment arbitration agreements in California can be a complicated endeavor. In a September 2025 decision, a California appellate court looked beyond the terms of an employee’s...more
On October 9, SEC Chairman Paul Atkins delivered keynote remarks at a corporate governance event, addressing a range of topics including public company disclosures, shareholder proposals, and securities litigation. In his...more
On September 17, 2025, the U.S. Securities and Exchange Commission (SEC) issued a policy statement potentially paving the way for the adoption of mandatory arbitration by issuers. According to the policy statement, “the...more
The US Securities and Exchange Commission’s recent policy statement, Acceleration of Effectiveness of Registration Statements of Issuers with Certain Mandatory Arbitration Provisions, indicated that, in the Commission’s view,...more
It’s a deeply unsettling statistic from the National Council on Aging: every year, an estimated 5 million elderly Americans suffer from abuse, with a significant number of these offenses occurring in nursing facilities. Yet...more
As employers know, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) was intended to do precisely what its name states – prevent the forced arbitration of claims for sexual assault and...more
We recently wrote about the new policy statement issued by the Securities and Exchange Commission (SEC) “that the presence of an issuer-investor mandatory arbitration provision will not impact decisions whether to accelerate...more
The US District Court for the District of Massachusetts in Monteiro v. RAC Acceptance East, LLC issued an early federal interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which...more
Public companies and their in-house counsel should take note of a recent policy statement from the U.S. Securities and Exchange Commission (SEC) related to arbitration clauses. On September 17, 2025, the SEC confirmed that...more
Sometimes consumers rush to court to sue a business when they should have instead gone to arbitration. Consumers may overlook that the business’s terms and conditions required them to arbitrate their claims. The result is an...more
Nowadays, arbitration agreements are ubiquitous in the consumer finance context; some studies indicate that more than 90% of certain consumer contracts contain mandatory arbitration agreements. Over the years, many states and...more
Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike....more
The US Securities and Exchange Commission (SEC) recently issued a policy statement reversing its long-standing practice concerning mandatory arbitration clauses in connection with initial public offerings....more
On September 17, 2025, the U.S. Securities and Exchange Commission (SEC or Commission) issued a policy statement clarifying that its decision whether to accelerate the effectiveness of a registration statement for a...more
On September 17, 2025, the US Securities and Exchange Commission (SEC) issued a policy statement with potentially far-reaching consequences for corporate governance, securities litigation, and directors and officers (D&O)...more
L’arrêt récemment rendu par la Cour d’appel du Québec dans l’affaire Terrassement St-Louis Inc. c. Hydro-Québec illustre certaines tensions qui peuvent exister entre, d’une part, les principes de liberté contractuelle et le...more
This month, the SEC adopted a Policy Statement under which the SEC staff will no longer prohibit public companies from including a provision in their organizational documents requiring mandatory arbitration for claims brought...more
On September 17, 2025, the SEC approved a Policy Statement clarifying the Commission’s views on issuers whose registration documents mandate arbitration of federal securities claims. The announcement, which effectively...more
On September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of an initial...more
In a September 17, 2025, policy statement (Policy Statement), the Securities and Exchange Commission (SEC) announced that the presence of a mandatory arbitration provision in a company’s governing documents will not impact...more