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HTMLAAA Launches New Consumer Arbitration Rules on Sept. 1, 2014
J. Warren Rissier, Nicolette L. Young; Bingham McCutchen LLP;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
The 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...

 

HTMLCalifornia Court Interprets Vague Language in Arbitration Agreement in Favor of Employee
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Rebolledo 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...

 

HTMLWant to Arbitrate Employee Disputes? Keep Your Paperwork!
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
Arbitration 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...

 

HTMLCoerced Arbitration Agreement Not Enforceable in FLSA Collective Action
John F. Allgood; Ford & Harrison LLP;
Legal Alert/Article
August 28, 2014, previously published on August 26, 2014
Executive 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...

 

HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In 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...

 

HTMLChoice of Contractual Dispute Resolution Mechanism
Stephen Antle; Borden Ladner Gervais LLP;
Legal Alert/Article
August 27, 2014, previously published on August 20, 2014
This 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.

 

Adobe PDFArbitration Panel Misconstrues Contractor Licensing Law: Florida Appellate Court Allows Decision to Stand
Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
August 27, 2014, previously published on August 15, 2014
If 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...

 

HTMLArbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas
Bill Amos; Mayer Brown JSM;
Legal Alert/Article
August 22, 2014, previously published on August 20, 2014
The maritime industry has traditionally favoured arbitration as a method of dispute resolution. Disputes under charterparties, shipbuilding contracts, ship management and sale & purchase agreements will typically be subject to arbitration. Given the international character of shipping,...

 

HTMLSecond Circuit Defines ‘Customer’ Under FINRA Arbitration Rules
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
The 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...

 

HTMLGot Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
Arbitration 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...

 


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