Key Discovery Points: Who Possesses or Controls Documents in Slack?
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Patent Infringement: Successful Litigation Stays the "Course"
On May 5, 2026, the California Court of Appeal, First Appellate District, affirmed the denial of an employer’s motion to compel arbitration in a wage-and-hour class action brought by a former employee. The employer sought to...more
In April 2026, the Fifth Circuit Court of Appeals’ Crescent City Surgical Operating Co. v. Interstate Fire & Casualty Co. considered the standard for granting a stay of continuing litigation after some, but not all,...more
Whether to select arbitration as a dispute resolution mechanism is an important decision when entering into a contract. Deciding whether arbitration should be administered by an organization such as the American Arbitration...more
The recent decision in Stoker v. Blue Origin, LLC is the latest entry in a long line of cases informing the scope and breadth of mandatory arbitration agreements. ...more
The Sixth District Court of Appeal has recently issued a decision at odds with its sister courts: in affirming an order granting a motion to compel arbitration, the District Court held that arbitrators—not courts—must decide...more
In 5th and Main Condominium Association, Inc. v. Great American Insurance Company of New York, 2026 WL 1103277 (M.D. Tenn. 2026), the United States District Court for the Middle District of Tennessee denied the insured’s...more
Plaintiff, Michelle Madrigal, filed a putative class action against Live Nation Entertainment, Inc. (“Ticketmaster”), alleging deceptive practices, such as offering deceptively low prices and then adding alleged hidden and...more
Employers often rely on multiple onboarding documents to establish an employee’s obligation to arbitrate employment-related disputes. Unfortunately, that approach can invite a challenge from employees who argue that...more
A party sues your company over a contractual dispute. The contract is one you use with other similar counterparties. The contract contains an arbitration clause requiring that any disputes be resolved in arbitration....more
On January 28, 2026, the Ninth Circuit issued its opinion in Avery v. TEKsystems, Inc., 165 F.4th 1219 (9th Cir. 2026), affirming the district court’s denial of an employer’s motion to compel arbitration. The employer had...more
“Hit Reports,” also called “search term reports” or “keyword reports,” are commonly accepted. However, United Farm Workers v. Noem, 2026 WL 1045469 (E.D. Cal. Apr. 17, 2026), stated an exception for facially overbroad search...more
The Sixth Circuit reversed the decision by the United States District Court for the Eastern District of Michigan which denied a motion to compel arbitration based on a “click” consent to a website’s mandatory arbitration...more
The Second District reversed an order denying a motion to compel arbitration, holding that multiple onboarding documents reflected a valid and enforceable agreement to arbitrate individual employment and PAGA claims, and that...more
The Ninth Circuit in O’Dell v. AYA Healthcare Services, Inc. (9th Cir. No. 25-1528) unanimously held that the Federal Arbitration Act (“FAA”) does not allow the use of collateral estoppel to preclude enforcement of...more
The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently addressed the limited ability of a non-signatory to compel arbitration under both federal and California state contract law. The opinion, Olson v. FCA...more
In March 2026, the Northern District of Texas considered the requirements for a “reasoned award” in LGC Global Inc. v. Eagle Contracting LLC. The Eastern District of Louisiana enforced the arbitration provision of a clickwrap...more
The Ninth Circuit’s recent ruling in Avery v. TEKsystems, Inc. (9th Cir. 2026) 165 F.4th 1219, invalidating an arbitration agreement rolled out during pending litigation emphasizes the importance of clear communication with...more
Employers in California continue to face rough waters when it comes to enforcing arbitration agreements. Through the lens of some recent California cases, this alert addresses questions employers may want to consider at each...more
The Ninth Circuit delivered a significant win for employers involved in arbitration in O’Dell, et al. v. Aya Healthcare Services, Inc., holding that employees cannot sidestep arbitration agreements by selectively relying upon...more
The U.S. Supreme Court heard argument on March 25, 2026, in Flowers Foods, Inc. v. Brock (No. 24-935), a case addressing the Federal Arbitration Act’s (FAA) transportation worker exemption. 9 U.S.C. § 1. The exemption...more
Last week, a deeply skeptical US Supreme Court heard oral argument in Jules v. Andre Balazs Properties, where the court was asked to decide whether a district court that compelled a lawsuit to arbitration still has...more
Another reminder for everyone out there buying leads– make sure your name is on the ARBITRATION PROVISION terms and not just the MARKETING PARTNERS list. ...more
Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026) - When applying to work at Empire Nissan, Evangelina Yanez Fuentes was given an employment application packet that included an arbitration agreement that was written in...more
More than 22 months after the commencement of a putative class action alleging various wage and hour law violations, TEK rolled out a new, mandatory arbitration agreement that automatically applied to putative class members...more
Alexander Sorokunov sued NetApp for various Labor Code violations, including PAGA. NetApp filed a petition to compel arbitration of Sorokunov’s individual claims, which the trial court granted. After the arbitrator entered...more