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Arbitration Regulatory Reform

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
CDF Labor Law LLP

Significant PAGA Reform on the Horizon: What Employers Need to Know (and Do) to Protect Themselves

CDF Labor Law LLP on

On June 17, labor and business groups reached an agreement with California Governor Newsom to reform California’s Private Attorneys General Act (PAGA). A summary of the deal was announced the following day.  The proposed...more

Proskauer - Minding Your Business

A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform

Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

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Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996 – The Law Commission’s Final Report

We have previously reported on changes the Law Commission was considering to the Arbitration Act 1996 (the Act). The Law Commission has now published its final report (the Final Report, available here). The report draws...more

Cornerstone Research

5 Questions with Erin Trish: Surprise Billing in Healthcare

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5 Questions is a periodic feature produced by Cornerstone Research, which asks our professionals, senior advisors, or affiliated experts to answer five questions. We interview Professor Erin Trish, of the Schaeffer Center...more

Littler

Congress Considers Banning Discretionary Clauses in ERISA Plans

Littler on

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks...more

Jones Day

Disputes Disrupted? The Impact of Dubai's Decree No. 34 of 2021 on the Choice of Commercial Arbitration in the UAE

Jones Day on

In Short - The Situation: Dubai Decree No. 34 of 2021 (the "Decree") was issued on 14 September 2021 and became effective on 20 September 2021. The Decree cancelled—with immediate effect—two arbitration institutions in...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Littler

EEOC Rescinds Policy Statement Disfavoring Arbitration Agreements

Littler on

As part of its efforts to rescind outdated guidance on a rolling basis, the EEOC recently dispensed with a 22-year-old policy statement that disfavored mandatory arbitration agreements between employers and employees....more

Ballard Spahr LLP

Dept. of Education proposes disclosure of pre-dispute arbitration agreements by schools receiving Title IV aid for student...

Ballard Spahr LLP on

The Department of Education, in an issue paper submitted as part of negotiated rulemaking on its final “borrower defense” rule, is proposing to require schools that use pre-dispute arbitration agreements and class action...more

Seyfarth Shaw LLP

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington - August 2017

The exuberance of a November election victory for Republicans has given way to the difficult reality of passing legislation in a closely divided Senate. While the GOP has made significant gains in the area of regulatory...more

Ballard Spahr LLP

Some suggested questions for Director Cordray’s expected appearance at April 5 House hearing

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On April 5, 2017, the House Financial Services Committee will hold a hearing, “The 2016 Semi-Annual Reports of the Bureau of Consumer Financial Protection Bureau.” Since Director Cordray has appeared at all of the...more

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