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Documents on alternative dispute resolution
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|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...
|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...
|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...
|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...
|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...
|Choice of Contractual Dispute Resolution Mechanism|
Stephen Antle; Borden Ladner Gervais LLP;
August 27, 2014, previously published on August 20, 2014This is the second in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual dispute resolution mechanism - another key risk management tool.
|Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration|
Rebecca R. Hanson; Foley & Lardner LLP;
August 22, 2014, previously published on August 18, 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 employers continue to consider their use as a means to mitigate employment and wage and hour class action litigation risk. For employers who...
|Second Circuit Defines ‘Customer’ Under FINRA Arbitration Rules|
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
August 22, 2014, previously published on August 15, 2014The U.S. Court of Appeals for the Second Circuit has provided a measure of clarity in limiting the definition of a “customer” who may bring a FINRA arbitration under FINRA Rule 12200. The decision is significant for those member firms that provide a broad array of financial services...