News & Analysis as of

Mandatory Arbitration Clauses

Burns & Levinson LLP

Contractually Mandated Pre-Litigation Dispute Resolution Mechanisms Are Fraught With Peril

by Burns & Levinson LLP on

Your company is entering into a contract with a new business partner and everything looks rosy. As a savvy General Counsel, however, you know that even the best of situations can turn sour a few months or a few years into the...more

Proskauer - Law and the Workplace

[Podcast]: New York State Expanded Protections Against Workplace Harassment

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections....more

Sheppard Mullin Richter & Hampton LLP

Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer...

On August 12, 2019, Governor Andrew Cuomo signed into law S.6577, a bill implementing a series of sweeping changes to the New York State Human Rights Law (“NYSHRL”). As we previously reported, S.6577 provides for a number of...more

Miles & Stockbridge P.C.

Non-Disclosure Agreements and Arbitration Clauses in the #MeToo Era

by Miles & Stockbridge P.C. on

With the proliferation of the #MeToo movement in late 2017 came concerns over the role that employment contracts and settlement agreements played in concealing abuse by high-level executives. Confidentiality, non-disclosure...more

Orrick - Global Employment Law Group

It’s Never Too Late: NLRB Rules Employers Can Update an Existing Mandatory Arbitration Agreement to Include a Class or Collective...

Arbitration agreements are a powerful tool in resolving employment actions. As we noted last year, the U.S. Supreme Court ruled in a landmark case that employers can use class and collective action waivers in mandatory...more

Snell & Wilmer

The Ninth Circuit Reverses Itself and Enforces ERISA Mandatory Arbitration Clause

by Snell & Wilmer on

A three-judge panel of the Ninth Circuit recently decided that Charles Schwab Corp. can require a proposed class action to arbitrate its claim that Schwab breached its fiduciary duties by including Schwab-affiliated...more

Pillsbury Winthrop Shaw Pittman LLP

2019 – New York’s Summer of Sweeping New Workplace Discrimination and Harassment Protections

New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers. New York State has enacted...more

Dentons

NLRB allows employers to impose an arbitration agreement after class/collective action has been filed

by Dentons on

On August 14, 2019, the National Labor Relations Board issued a decision in the case of Cordúa Restaurants, Inc. et al.(Cordúa Restaurants) that expands the US Supreme Court’s decision in Epic Systems Corp. v. Lewis and...more

Weiner Brodsky Kider PC

3rd Circuit Upholds Ex-Bank Employee’s Right to Avoid Arbitration of Sarbanes-Oxley Claim for Retaliatory Termination

by Weiner Brodsky Kider PC on

The Third Circuit Court of Appeals recently issued an opinion upholding the right of a former bank employee to proceed with a Sarbanes-Oxley claim that he was retaliated against by his former employer, a national bank,...more

Kramer Levin Naftalis & Frankel LLP

Significant Amendments to NYS Anti-Discrimination and Anti-Harassment Laws Go Into Effect

As the New York State Legislature neared the end of the 2019 session in June, it passed several bills amending the state’s laws prohibiting discrimination and harassment. We addressed the major provisions of these new bills...more

Proskauer - Labor Relations

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

by Proskauer - Labor Relations on

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Epstein Becker & Green

Governor Cuomo Enacts Expansion of New York State Human Rights Law—Certain Changes Have Immediate Effect

by Epstein Becker & Green on

On August 12, 2019, Governor Andrew Cuomo signed Assembly Bill A8421 / Senate Bill 6577 (“Law”), which, as we previously reported, contains sweeping changes to New York State’s Human Rights Law (“HRL”). Below is an updated...more

Bond Schoeneck & King PLLC

Governor Cuomo Signs Bill Amending the Human Rights Law

by Bond Schoeneck & King PLLC on

On August 12, 2019, Governor Cuomo signed the legislation that was passed by the New York State Assembly and Senate on June 19, 2019, making sweeping changes to the New York Human Rights Law. We previously posted a summary of...more

Harris Beach PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

by Harris Beach PLLC on

On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

Fenwick & West LLP

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

by Fenwick & West LLP on

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

Arent Fox

A Sweeping Overhaul: An Employer’s Guide to the Latest Expansion of New York State’s Discrimination Laws

by Arent Fox on

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace. Governor Cuomo signed Assembly Bill No. 8421 into law on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York’s New Employment Discrimination Laws Are Here

As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending...more

Bryan Cave Leighton Paisner

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws: Part 2

On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421.  Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more

Carlton Fields

New York Federal Court Punts Request for Foreign Reinsurer to Post Security Back to Arbitrators

by Carlton Fields on

The Southern District of New York found that New York Insurance Law section 1213(c)(1), requiring that foreign insurers post sufficient security, applied to the defendant, a foreign reinsurer in liquidation, in order for the...more

Lewitt Hackman

Franchisee 101: Party Pauper

by Lewitt Hackman on

Morgan Rothschild (“Rothschild”), sole owner of the Party Princess franchise system, sold a party planning franchise for the territory of Washington and promised the franchisee would achieve certain sales. Prior to the sale,...more

Carlton Fields

Ninth Circuit Affirmed That Non-Signatories Could Invoke Arbitration Clause Under Arizona Law

by Carlton Fields on

The U.S. Court of Appeals for the Ninth Circuit held that the district court did not err by allowing non-signatories Jess Smith & Sons Cotton LLC (JSS) and J.G. Boswell Co. to invoke the arbitration clause in a license...more

Polsinelli

Southern District of New York: New York’s Prohibition on Mandatory Arbitration of Sexual Harassment Claims Preempted by Federal...

by Polsinelli on

On July 11, 2018, New York State enacted a sweeping new law aimed at combatting sexual harassment in the employment context.  A year later, on July 22, 2019, the U.S. District Court for the Southern District of New York ruled...more

Robinson+Cole Manufacturing Law Blog

Manufacturers Revisit Mandatory Arbitration Agreements

I have just returned from my summer sojourn in the wilds of New England catching up on rest, relaxation and reported court decisions.  (Yes, I embrace my inner nerd!) Two recent court decisions dealing with mandatory...more

Burns & Levinson LLP

Don’t Overreach by Retaining the Unilateral Right to Modify An Arbitration Agreement

by Burns & Levinson LLP on

Who wouldn’t want to be able to dictate the terms of a contract rather than having to negotiate them with someone whose interests are not completely aligned with your own? If you ever find yourself in such a position,...more

Proskauer - Whistleblowing & Retaliation

4th Circuit Vacates ARB SOX Whistleblower Decision for Lack of Protected Activity

On June 13, 2019, the Fourth Circuit overturned the ARB’s decision in favor of a complainant, ruling that the plaintiff had not engaged in protected activity under the SOX whistleblower protection provision by complaining of...more

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Updated: May 25, 2018:

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Privacy Officer
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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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