News & Analysis as of September 25, 2024

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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

Ninth Circuit Decision in Live Nation and Ticketmaster’s Favor Highlights Subtleties of Drafting Enforceable Arbitration...

Sheppard Mullin Richter & Hampton LLP on 3/2/2023

In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

Proskauer - Minding Your Business on 2/19/2020

A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps. In Wilson v. Huuuge, Inc., the Ninth Circuit affirmed the denial of defendant Huuuge’s motion to compel...more

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

Mintz - Arbitration, Mediation, ADR... on 5/10/2018

In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more

Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

Proskauer - New Media & Technology on 10/9/2017

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

Foley & Lardner LLP on 9/12/2017

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

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