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Searching Content indexed under Arbitration & Dispute Resolution by Ford & Harrison LLP ordered by Published Date Descending.
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1
Will Player And Employee Empowerment Kill Arbitration Agreements?
Whether you follow sports or not, you have likely heard about the current state of professional sports, particularly the NBA, referred to as the era of "player empowerment."
United States
1 Oct 2019
2
Lessons In Drafting And Implementing An Enforceable Mandatory Arbitration Agreement
Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was both procedurally and substantively unconscionable.
United States
23 Sep 2019
3
NMB Adopts Rule Change To Simplify The Decertification Process Of Labor Unions
Executive Summary: On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification
United States
1 Aug 2019
4
Supreme Court Says: Express Language Required To Arbitrate On A Class Basis
Executive Summary: Approximately one year ago, in Epic Systems Corp., the United States Supreme Court upheld the enforceability of mandatory arbitration agreements that prohibit employees from
United States
14 May 2019
5
New Jersey's Response To #MeToo: New Law Voids Non-Disclosure Agreements And Questions Future Of Employee Arbitration Agreements
Executive Summary: Effective immediately, an amendment to New Jersey's Law Against Discrimination ("LAD") signed into law on March 18, 2019,
United States
29 Mar 2019
6
Airline Industry Alert: NMB Announces Proposed Rule To Simplify The Decertification Process
On January 31, 2019, the National Mediation Board (NMB) published a proposed rule and request for comments to amend its regulations to provide for decertification of labor unions.
United States
7 Feb 2019
7
What Can Employers Expect In 2019?
This Alert highlights some of the legal, legislative and administrative developments that may impact employers in 2019.
United States
23 Jan 2019
8
Supreme Court Rules Independent Contractor Truck Driver Not Required To Arbitrate Wage Claim
Executive Summary: In New Prime Inc. v. Oliveira, the U.S. Supreme Court held today that the Federal Arbitration Act's (FAA) exclusion of certain "contracts of employment" from the Act's coverage
United States
22 Jan 2019
9
Help! I Just Received A Charge Of Discrimination. Now What? - Part 2 Of 3
In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking...
United States
16 Nov 2018
10
U.S. Supreme Court's Watershed Decision Preserves Arbitration Agreements, For Now - Dissent Encourages Legislature To Attempt To Reverse The Decision
Yesterday, the Supreme Court, in a strongly divided 5-4 ruling, upheld mandatory arbitration agreements prohibiting employees from bringing employment claims on a class or collective basis.
United States
23 May 2018
11
Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, But Only After Severance Of PAGA Ban
A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court's decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision...
United States
4 Apr 2017
12
Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, But Only After Severance Of PAGA Ban
A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court's decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and enforceable...
United States
30 Mar 2017
13
New Jersey Seeks To Become Center Of International Arbitration
New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the "Act") on February 6, 2017.
United States
28 Feb 2017
14
On Eve Of Implementation, Federal Court Presses Pause On Nearly Every Provision Of Fair Pay And Safe Workplaces "Blacklisting" Executive Order
The Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order, a federal trial court in Texas has temporarily halted implementation of the "blacklisting"...
United States
9 Nov 2016
15
Ninth Circuit, California Appellate Court Take Aim At Arbitration Agreements
The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future.
United States
31 Aug 2016
16
Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided In Favor Of Workers
In a decision that will likely be seen as a win for employees, a sharply divided California Supreme Court ruled that the question of whether a court or an arbitrator decides if an arbitration agreement...
United States
4 Aug 2016
17
Seventh Circuit Decision Rejecting Class Action Waiver Sets Stage For Supreme Court Review
On May 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a class and/or collective action waiver contained in an arbitration agreement was unlawful...
United States
7 Jun 2016
18
Fifth Circuit Decision May Endanger Many Texas Arbitration Agreements
Federal courts apply ordinary state-law contract principles in determining whether agreements to arbitrate are valid.
United States
11 Mar 2016
19
Union Agreement To Arbitrate "Sleep-In" Wage And Hour Claims Applies Even Though Agreement Was Signed After Lawsuit Began
In Lai Chan et al. v. Chinese-American Planning Council Home Attendant Program, Inc., decided February 3, 2016, the Southern District of New York deferred to arbitration the unpaid wage and overtime claims of sleep-in workers...
United States
11 Feb 2016
20
Federal Court Approves $415 Million Settlement Of Employee Antitrust Claims Against California Technology Employers
On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers...
United States
10 Sep 2015
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