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Documents on alternative dispute resolution
 

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HTMLEnforceability of PAGA Waivers in Arbitration Agreements - The Battle Continues
David Zvi Feingold; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 27, 2015
The 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...

 

HTMLCalifornia 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.;
Legal Alert/Article
March 30, 2015, previously published on March 16, 2015
On 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...

 

HTMLNo Arbitration if Invalid PAGA Waiver Cannot be Severed
Amber Gardina-Quintanilla; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on March 24, 2015
On 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...

 

HTMLEmployee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds
Mark S. Askanas; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 17, 2015
An 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.,...

 

HTMLExperts Prove Forced Arbitration Unfairly Deprives Consumers’ Rights
Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 18, 2015
Alternative 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...

 

HTMLArbitration May Be One Stop on the Road to Litigation
David K. TeSelle; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 4, 2015
Generally 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...

 

HTMLCalifornia Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court
Mitchell F. Boomer; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 22, 2015
The 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,...

 

HTMLLess Secrecy, More Transparency in Securities Arbitration!
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 27, 2015
Every now and then federal regulators exercise their authority to oversee securities arbitration practices and procedures, but does the public have access to reports, examinations, and other documents related to that oversight? No.

 

HTMLWhite House: "Conflicted Advice Leads to Large and Economically Meaningful Costs for Americans' Retirement Savings."
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 2, 2015
In a report issued in February 2015 the White House concluded that conflicted investment advice harms investors to the tune of billions of dollars. The White House estimates losses at between $8 billion and $17 billion or between 1 percent and 0.5 percent of the $1.7 trillion dollars of IRA assets...

 

HTMLLargest One-Time Settlement in Maine History Involving Alleged Unfair Credit Rating Practices
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on February 6, 2015
The Maine Attorney General announced earlier this week that its $21.5 million share of the multi-state settlement with Standard & Poor's over credit rating practices is the "largest ever one-time settlement in Maine history." The settlement received substantial press attention...

 


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