News & Analysis as of

Mandatory Arbitration Class Action

Troutman Pepper Locke

Fourth Circuit Holds SCRA Does Not Bar Mandatory Arbitration in Consumer Agreements, Forcing Portion of Class Action Into...

Troutman Pepper Locke on

On January 27, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion holding that the Servicemembers Civil Relief Act (SCRA) does not prohibit the enforcement of arbitration...more

Jackson Lewis P.C.

California Court Exempts Entire ‘Case’ from Mandatory Arbitration Under Ending Forced Arbitration Act

Jackson Lewis P.C. on

As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held that a plaintiff cannot be compelled to...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

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Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

DarrowEverett LLP

Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use

DarrowEverett LLP on

Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more

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

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

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

Recent Court Rulings on FAA’s Transportation Worker Exemption May Require Employers to Update Their Arbitration Agreements

The U.S. Department of Labor estimates 56 percent of all nonunion private-sector employees are subject to mandatory arbitration agreements. Many employers use such agreements—and the class action waivers contained therein—to...more

Bradley Arant Boult Cummings LLP

When Is a Waiver of the Right to Arbitrate a Waiver?

Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more

Holland & Knight LLP

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

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The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more

Pillsbury Winthrop Shaw Pittman LLP

See You in Court? Under New Federal Law, Sexual Harassment Claims Are Not Subject to Mandatory Arbitration

The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more

CDF Labor Law LLP

[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

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Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more

Vinson & Elkins LLP

Top 3 Questions You Should be Asking about the New Federal Act Invalidating Mandatory Arbitration and Class Action Waivers of...

Vinson & Elkins LLP on

President Biden is imminently expected to sign into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”), which will have significant, immediate ramifications for employers who have...more

Jackson Lewis P.C.

Ninth Circuit: ERISA Does Not Bar Forum Selection Clauses

Jackson Lewis P.C. on

Aligning itself with other circuit courts that have ruled on the issue, the Ninth Circuit recently held that ERISA does not bar forum selection clauses in benefit plans. The background of the case and the Ninth Circuit’s...more

Foley & Lardner LLP

Appeals Court Says No FLSA Notice for Employees Who Agree to Arbitrate

Foley & Lardner LLP on

On January 24, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a new standard by which a district court should evaluate whether notice of an FLSA collective action should be sent to employees who may be...more

Holland & Knight LLP

Ninth Circuit: Individual Employment Provision Cannot Compel Arbitration of 409(a) Claim - Ruling Leaves Open Whether Contracts or...

Holland & Knight LLP on

• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more

BCLP

Recent Cases Provide Recipe for Resolving Consumer Class Actions Through Arbitration

BCLP on

Recent court decisions confirm the possibility of mandatory arbitration as a viable option for retailers frustrated with the rising costs of litigation, and the inability to recover their attorneys’ fees, for frivolous class...more

Seyfarth Shaw LLP

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

Seyfarth Shaw LLP on

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

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