Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a...more
A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more
The United States Supreme Court’s recent decision in Morgan v. Sundance eliminates a longstanding rule requiring a plaintiff to establish they would be prejudiced by arbitration to prevail when arguing that a defendant waived...more
A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more