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HTMLArbitration, Confidentiality Agreement with Car Wash Workers was Unenforceable, California Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
May 28, 2014, previously published on May 20, 2014
An arbitration and confidentiality agreement provided to car wash workers was unconscionable and unenforceable, the California Court of Appeal has ruled, denying arbitration in a class action for alleged California wage-hour law violations. Carmona v. Lincoln Millennium Car Wash, Inc., No. B248143...


HTMLArbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
May 28, 2014, previously published on May 23, 2014
A trial court lacked authority to rule on the enforceability of an arbitration agreement when the parties had contracted to delegate questions about the agreement’s enforceability to the arbitrator, the California Court of Appeal has ruled, reversing the denial of arbitration in a wrongful...


HTMLOntario Court Sends Strong Deterrent Signal in Canada's First Anti-Bribery Sentencing
Graham Erion, Johanna Goosen; Davis LLP;
Legal Alert/Article
May 27, 2014, previously published on May 26, 2014
On May 23, 2014, Nazir Karigar, the first individual convicted under Canada’s Corruption of Foreign Public Officials Act (“CFPOA”), was sentenced to three years in prison for conspiring to offer bribes to Air India officials and the Indian Minister of Civil Aviation. Justice...


HTMLNHTSA and GM Agree to Resolve Timeliness Claims Related to Ignition Switch Recall
Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 20, 2014
Last week, NHTSA and GM announced an agreement to resolve recall timeliness claims related to GM’s massive Ignition Switch recall. In addition to the widely-reported $35 million civil penalty GM has agreed to pay (the maximum under the Safety Act), GM has agreed to various behavioral changes,...


HTMLWhat is the Difference Between Mediation and Arbitration?
David L. Allen; Jaburg & Wilk, P.C.;
Legal Alert/Article
May 22, 2014
Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different words with the same meaning (i.e....


HTMLInsurance Carrier Barred from Seeking Reimbursement of PIP Benefits after Failing to Demand Arbitration within 2 Years
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 14, 2014, previously published on May 12, 2014
Personal Injury Protection insurance (“PIP”) is part of New Jersey’s no-fault motor vehicle insurance system and is the primary source of coverage for the medical bills of people injured in motor vehicle collisions. New Jersey requires motorists to carry PIP as part of their motor...


HTMLSo You Think Your Arbitration Agreement is “Good Enough”?
Stephen Antle; Borden Ladner Gervais LLP;
Legal Alert/Article
May 7, 2014, previously published on April 30, 2014
Experienced arbitration counsel spend a lot of energy impressing on corporate colleagues and in-house counsel the importance of using arbitration expertise when drafting arbitration agreements. Sometimes it seems we’re not taken seriously - that our audience thinks it’s “good...


HTMLTeck Continues Random Drug and Alcohol Testing - For Now
Larry Page; Davis LLP;
Legal Alert/Article
May 5, 2014, previously published on April 30, 2014
Teck Coal Limited (“Teck”), British Columbia’s largest mining company, implemented a new mandatory random drug and alcohol testing policy in December 2012 in the province. The policy was presented in November 2012 for union review and the union lodged a grievance of the policy...


HTMLMediation, Arbitration or Litigation: How to Pick Your Poison
David P. Ray; Bernstein Shur;
Legal Alert/Article
April 30, 2014, previously published on April 24, 2014
Probably the last thing on your mind at the beginning of a job is considering how and where you will prosecute or defend claims arising from the project. But it is highly likely that, buried somewhere in the agreement you are about to sign, there is a provision that makes a selection of a method...


HTMLNLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...


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