Searching Content indexed under Arbitration & Dispute Resolution by Foley & Lardner ordered by Published Date Descending.
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Employers Beware: It's Once Again Time To Review Your Arbitration Agreements
We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers.
United States
11 Sep 2019
NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers To Sign After Commencement Of Class Action Lawsuit
As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years.
United States
28 Aug 2019
Employer's Failure To Respond Waives Written Arbitration Agreement
Employers with mandatory arbitration agreements should be careful to re-affirm their commitment to such arbitration agreements in light of a recent state court decision in Texas, Adock v. Five Star Rentals/Sales, Inc., No. 04-17-00531-CV.
United States
30 May 2019
Class Action Waivers: Silence May NOT Be Golden
Since when does silence in a contract speak louder than words
United States
11 Feb 2019
Supreme Court Gives Teeth To Delegation Clauses In Arbitration Provisions
The Henry Schein case, issued on January 8, 2019, clarifies some of this madness and gives teeth to delegation clauses.
United States
31 Jan 2019
Labor & Employment Issues To Watch In 2019
With the midterm elections in the rearview mirror and an incoming Democratic majority in the House of Representatives, automotive industry employers can expect continued congressional gridlock ...
United States
29 Jan 2019
Are Independent Contractor Classifications Becoming "Safer"? In A Word – No.
As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils.
United States
10 Oct 2018
Eleventh Circuit Creates Circuit Split As To Who Decides Whether An Arbitration Agreement Permits Class Arbitration
As the U.S. Supreme Court observed memorably in First Options of Chicago, Inc. v. Kaplan
United States
20 Sep 2018
Potential #MeToo-Motivated Laws Address More Than Just Sexual Harassment
The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality...
United States
12 Sep 2018
PTAB Releases Frequently Asked Questions About The Implications Of SAS On AIA Trial Proceedings
The PTAB has released a Frequently Asked Questions and Answers document.
United States
6 Jun 2018
Supreme Court Extends Class Action Waivers To Employee/Employer Contracts
The Supreme Court yesterday extended its arbitration-friendly precedent holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (NLRA) ...
United States
24 May 2018
Supreme Court Ends The Debate And Upholds Class Action Waivers
Welcome news for many employers rolled out of Washington, D.C. earlier this morning.
United States
23 May 2018
Unique Venue And Personal Jurisdiction Challenges Of Foreign Corporations
In 2017, the Supreme Court rejected the Federal Circuit's longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391...
United States
15 Mar 2018
Active Preparation Leads To Better Mediation Results
This post offers 7 pointers for parties to follow when preparing for mediation with their lawyers.
United States
2 Mar 2018
Important Considerations In Selecting The Right Mediator
One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor's series on mediation, we discuss how to select the right mediator for resolution ...
United States
8 Feb 2018
Top Labor And Employment Issues In Automotive To Watch In 2018
Although the Trump administration made a mark on labor and employment policy at the federal level in 2017, employers can expect greater movement in 2018 once more of Trump's ...
United States
5 Feb 2018
Should Your Consumer Arbitration Clause Be Broader?
After a Central District of California Judge dismissed a consumer's Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration ...
United States
18 Jan 2018
Press Delete, Go Directly To Jail? The Scope Of The Computer Fraud And Abuse Act's Damage Provision
Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California.
United States
15 Jan 2018
#Metoo – Is Mandatory Arbitration On The Chopping Block?
On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen ...
United States
20 Dec 2017
Business Groups File Federal Lawsuit To Challenge CFPB Arbitration Rule
The Arbitration Rule, which was issued in July 2017 but which will not go into effect until March 2018...
United States
18 Oct 2017
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