Arbitration

That bastion of unpredictable decisions, the Ninth Circuit Court of Appeals, followed a somewhat predictable path and recently held that the Federal Arbitration Act preempted a state law that disfavored…

No surprise here.  The United States Supreme Court continued on a consistent path and found that a waiver for class actions in an arbitration agreement was enforceable.  In American Express…

In case you slept late this morning, you missed a flurry of activity in the world of employment law.  The U.S. Supreme Court issued a trio of decisions which affect…

The U.S. Supreme Court’s decision on June 10, 2013 strongly suggests that employers should ensure that their arbitration agreements contain express language that excludes the arbitration of class action claims…

Right now, the answer to that question just depends on your appetite for risk.  If you are risk adverse and do not want to have to update your arbitration agreement…

File this one under “be careful what you draft,” especially if you are a law firm. Bingham McCutcheon LLP provided a letter agreement to one of its associates in California,…

Although arbitration agreements are supposed to ease disputes, for the last decade they have had a tendency to exacerbate them.  Proponents of arbitration see it as an efficient, cost-effective way…

Take a look at our recent e-Alert on the decision of the U.S. Court of Appeals for the D.C. Circuit, which found that President Obama’s recess appointments to the National…

In an employer-friendly decision, a California Court of Appeal affirmed the dismissal of a class action and ordered arbitration of the individual employee’s claim in Outland, et al. v. Macy’s…

The U. S. Supreme Court continued its trend of pro-employer arbitration decisions in Nitro Lift Technologies, LLC v. Eddie Lee Howard, finding that the federal policy favoring arbitration trumped a…