Scott Jang on Mandatory Arbitration Clauses

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

8/8/2024 / Arbitration , Arbitration Agreements , Corporate Counsel , Duty to Preserve , Employment Contract , Employment Litigation , Evidence , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more

5/21/2024 / Arbitration , Dispute Resolution , Documentation , Evidence , Labor Disputes , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

President Biden Signs Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims

On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims....more

3/4/2022 / Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Federal Arbitration Act , Joe Biden , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Ninth Circuit Defers Decision on Petition for Rehearing Regarding AB 51

Last year, a divided Ninth Circuit panel found that the Federal Arbitration Act (FAA) did not completely preempt Assembly Bill (AB) 51, California’s ban on mandatory arbitration agreements. The U.S. Chamber of Commerce then...more

2/18/2022 / Arbitration Agreements , En Banc Review , Federal Arbitration Act , Mandatory Arbitration Clauses , Petition For Rehearing , Pre-Dispute Arbitration , Private Attorneys General Act (PAGA) , SCOTUS , Sexual Assault

U.S. Supreme Court Asked To Review California’s Perceived Hostility To Arbitration Agreements

Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration...more

2/7/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , Petition for Review , Preemption

Court Hears Challenges To California Bar On Mandatory Arbitration Agreements In Employment

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court...more

1/14/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

1/13/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws

California Bar On Mandatory Arbitration Agreements In Employment Challenged, Injunction Sought

The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the...more

12/13/2019 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

U.S. Chamber Of Commerce Files Suit To Halt AB 51

California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and...more

12/11/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more

10/16/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , FEHA , Mandatory Arbitration Clauses , Sexual Harassment

Scott Jang

Jackson Lewis P.C.

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