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Mandatory Arbitration Clauses Contract Drafting

CDF Labor Law LLP

[Webinar] California Arbitration Agreements: Clarity Amid Complexity - May 23rd, 10:00 am - 11:00 am PT

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Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more

Seyfarth Shaw LLP

Is Arbitration the Answer?

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Most employers have seen the forecasts.  The waves of employees let go in the COVID crisis will file a surge of employment claims.  Worse, plaintiffs’ lawyers will scrutinize the many changes required by the pandemic and...more

Winstead PC

PE Firms: The Earn-Out Conundrum—Avoiding Post-Purchase Conflicts With Private Company Sellers

Winstead PC on

When a private equity (PE) firm buys the controlling interest in a private business, the purchase often includes an earn-out provision which calls for the owner to remain active in the business for some period of time. The...more

Hogan Lovells

Hong Kong: How do I draft my arbitration agreement for IP disputes?

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In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration....more

Hogan Lovells

How do I draft my arbitration agreement to cater for the arbitration of IP disputes?

Hogan Lovells on

1. Arbitration (Amendment) Ordinance 2017 - 1.1 In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual...more

Shutts & Bowen LLP

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

Shutts & Bowen LLP on

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate...more

Winstead PC

Contractual Clauses That Impact Disputes

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In the process of drafting contracts, parties can shape the process for resolving their future disputes. They can potentially select the forum for dispute resolution, the body that will resolve the disputes, the law that will...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

Fenwick & West LLP

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses

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Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration...more

Chambliss, Bahner & Stophel, P.C.

Are You Sure You Want an Arbitration Clause? (Part 2 of 3)

Many business people, and even some lawyers, take it as an article of faith that any contract is improved by including an arbitration clause. If you ask them why they think a contract should contain an arbitration clause, you...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arbitration Provisions Must Include Clear and Unambiguous Waiver of Claimant’s Right to Sue in Court, New Jersey Supreme Court and...

New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New...more

Foley & Lardner LLP

Too Late to Compel Arbitration? Think Again!

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In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association...more

Fisher Phillips

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

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Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign...more

Goodwin

Business Litigation Reporter

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We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Poyner Spruill LLP

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

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Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

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