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Documents on alternative dispute resolution
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|Second Circuit Defines “Customer” for Mandatory FINRA Arbitration|
Manuel F. Gomez, Jeff Kern; Sheppard, Mullin, Richter & Hampton LLP;
September 10, 2014, previously published on September 4, 2014In a case of first impression, the United States Court of Appeals for the Second Circuit in Citigroup Global Markets, Inc. v. Abbar, No. 13-2172, 2014 WL 3765867 (2d Cir. Aug. 1, 2014), established a bright-line definition of “customer” under FINRA’s mandatory arbitration...
|California Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 4, 2014, previously published on September 2, 2014When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what happens to the class claims? A California appellate court recently addressed...
|New AAA Consumer Arbitration Rules Go Into Effect September 1|
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
September 2, 2014, previously published on August 2014The American Arbitration Association (AAA) has released a set of stand-alone rules that apply to arbitrations involving consumer disputes. The rules go into effect September 1, 2014. To date, the AAA has been administering consumer arbitrations under its Consumer-Related Disputes Supplementary...
|AAA Launches New Consumer Arbitration Rules on Sept. 1, 2014|
J. Warren Rissier, Nicolette L. Young; Bingham McCutchen LLP;
September 1, 2014, previously published on August 25, 2014The American Arbitration Association (“AAA”) is launching its new Consumer Arbitration Rules (“Consumer Rules”), effective Sept. 1, 2014. This is the AAA’s first stand-alone set of rules developed specifically for consumer arbitration. The new Consumer Rules will...
|California Court Interprets Vague Language in Arbitration Agreement in Favor of Employee|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
September 1, 2014, previously published on August 28, 2014Rebolledo v. Tilly’s Inc., No. G048625 (July 8, 2014): In a recent decision, a California Court of Appeal held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage and hour claims. The court held that a...
|Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”|
Brandon T. Willenberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2014, previously published on August 26, 2014Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and Iskanian). Class/collective action waivers in arbitration agreements...
|Want to Arbitrate Employee Disputes? Keep Your Paperwork!|
Rebecca R. Hanson; Foley & Lardner LLP;
August 29, 2014, previously published on August 28, 2014Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate class action litigation risks. For companies who have implemented such...
|Coerced Arbitration Agreement Not Enforceable in FLSA Collective Action|
John F. Allgood; Ford & Harrison LLP;
August 28, 2014, previously published on August 26, 2014Executive Summary: The Eleventh Circuit has affirmed a district court's decision denying an employer's motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court's decision was within its authority to manage such actions. The arbitration...
|Arbitration Panel Misconstrues Contractor Licensing Law: Florida Appellate Court Allows Decision to Stand|
Peter C. Vilmos; Burr & Forman LLP;
August 27, 2014, previously published on August 15, 2014If you’ve followed Burr’s e-note over the past year or two, then you know that the United States Supreme Court has issued recent opinions on the power of arbitration tribunals to make legal decisions. Even if a review of the arbitration decision reveals an error in legal...
|Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements|
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...