Searching Content indexed under Arbitration & Dispute Resolution by Proskauer's Labor & Employment Practice Group ordered by Published Date Descending.
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FINRA: The FAA Requires Enforcement Of Judicial Class Action Waiver In Pre-Dispute Arbitration Agreement But Does Not Preempt FINRA Rules Permitting Consolidation Of Multiple Parties' Claims
On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class actions when a customer executes a pre-dispute agreement waiving a right to class action claims.
United States
13 Mar 2013
NLRB Rules Class Action Waivers Imposed As Condition Of Employment In Mandatory Pre-Dispute Arbitration Procedure Are Unlawful
The National Labor Relations Board (the "Board") has held that it is an unfair labor practice under the National Labor Relations Act ("NLRA" or "Act") for employers to mandate pre-dispute arbitration agreements barring employees from bringing class or collective action statutory claims in court and in arbitration.
United States
13 Jan 2012
New FINRA Rule Establishes Procedures For Arbitrators Considering Expungement Of Customer Dispute Information
On October 30, 2008, the SEC approved a significant rule change to the Financial Industry Regulatory Authority, Inc. (“FINRA”) arbitration rules governing expungement of customer complaint information from Central Registration Depository (“CRD”) records.
United States
13 Nov 2008
California Supreme Court Severely Limits Use Of Class Waivers In Arbitration Agreements
In an important victory for employees, a closely divided California Supreme Court has held that class arbitration waivers in employment arbitration agreements may not be enforced where "the prohibition of classwide relief would undermine the vindication of the employees’ unwaivable statutory rights and would pose a serious obstacle to the enforcement of the state’s overtime laws."
United States
14 Sep 2007
New York Court of Appeals Holds That Form U-5s Are Protected By An Absolute Privilege
In a decision of great importance to employers in the financial services industry, the New York Court of Appeals held today that statements made by employers on a Uniform Termination Notice for Securities Industry Registration ("Form U-5") are subject to an absolute privilege in a suit for defamation brought by the terminated employee. Rosenberg v. MetLife, Inc., No. 23 (N.Y. Mar. 29, 2007).
United States
5 Apr 2007
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