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Documents on alternative dispute resolution
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|IGAD to Establish International Arbitration Center in Djibouti|
Thomas R. Snider; Greenberg Traurig, LLP;
April 7, 2015, previously published on March 10, 2015The Intergovernmental Authority on Development (IGAD), which consists of member states Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, and Uganda, will establish an international arbitration center in Djibouti focused on resolving business disputes in the region. The decision to...
|UAE Competition Law Update: Consequences for M&A Transactions in the UAE|
Eric J. Milne; Jones Day;
April 6, 2015, previously published on March 2015The United Arab Emirates ("UAE") recently introduced its competition law: Federal Law No. 4 of 2012 ("Competition Law"). In February 2013, we published a Commentary on this law, noting that it was the first of its kind to regulate anticompetitive behavior and monopoly practices...
|NGC's Alternative Dispute Resolution Practice|
Nicola Gudbranson Cooper LLC;
April 2, 2015, previously published on Winter 2014-2015Mediation and/or arbitration have increasingly become preferred means for businesses to resolve commercial disputes. However, not all alternative dispute resolution (ADR) provisions are equal. Attorneys at Nicola, Gudbranson & Cooper have extensive experience negotiating fair and effective ADR...
|No Arbitration if Invalid PAGA Waiver Cannot be Severed|
Amber Gardina-Quintanilla; Jackson Lewis P.C.;
March 30, 2015, previously published on March 24, 2015On February 27, 2015, the California Court of Appeal determined that arbitration could not be compelled in Securitas Security Services USA, Inc. v. Superior Court (Edwards). Securitas’ arbitration agreement contained a waiver provision, waiving both class actions and representative Private...
|California Court of Appeal Rules PAGA Claims Must Be Stayed Pending Outcome of Individual Arbitration on Underlying Individual Wage and Hour Claims|
John P. Nordlund; Jackson Lewis P.C.;
March 30, 2015, previously published on March 16, 2015On February 26, 2015, in Franco v. Arakelian Enterprises, Inc., Case No. B232583, the California Court of Appeal, Second Appellate District held that trial court proceedings on claims pursuant to the California Private Attorney General Act (“PAGA”) (Labor Code § 2698 et seq.) must...
|Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds|
Mark S. Askanas; Jackson Lewis P.C.;
March 30, 2015, previously published on February 17, 2015An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc.,...
|Enforceability of PAGA Waivers in Arbitration Agreements - The Battle Continues|
David Zvi Feingold; Jackson Lewis P.C.;
March 30, 2015, previously published on February 27, 2015The battle over whether employees may waive the right to pursue claims under California’s Private Attorneys General Act (PAGA) in arbitration continues. The Supreme Court of the United States recently requested a response from ex-Bridgestone Retail Operations LLC employees to...
|California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court|
Mitchell F. Boomer; Jackson Lewis P.C.;
March 27, 2015, previously published on January 22, 2015The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...
|Experts Prove Forced Arbitration Unfairly Deprives Consumers’ Rights|
Burg Simpson Eldredge Hersh Jardine P.C.;
March 27, 2015, previously published on February 18, 2015Alternative dispute resolution (ADR), and specifically arbitration, can be wonderful tools to resolve disputes without having to resort to lengthy and expensive court battles. Notwithstanding ADR’s indisputable advantages in certain areas, consumer advocates have long decried the use of...
|Arbitration May Be One Stop on the Road to Litigation|
David K. TeSelle; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 27, 2015, previously published on February 4, 2015Generally speaking, the term “alternative dispute resolution,” or ADR, refers to a host of methods of resolving legal disagreements that do not involve resorting to actual court proceedings. One of the most popular forms of ADR is arbitration, which can be used when both parties agree...