Searching Content indexed under Arbitration & Dispute Resolution by Proskauer Rose LLP ordered by Published Date Descending.
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United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") precludes a court from compelling class arbitration
United States
10 May 2019
California Legislature Tries Yet Again To Outlaw Arbitration Agreements…
There they go again! As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers and employees
United States
2 Apr 2019
Digital Currency App's Electronic User Agreement Held Enforceable
This case sheds further light on the do's and don'ts of online electronic contracting and the enforceability of app-based terms and conditions.
United States
7 Feb 2019
Notice Of Terms Via Buried Link Within A Post-Sale Email Unenforceable
In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service's motion to compel arbitration...
United States
5 Feb 2019
California Federal Court Stays SOX Claim Pending Arbitration Of Related Claims
On December 21, 2018, the U.S. District Court for the Northern District of California stayed a plaintiff's whistleblower retaliation claim under SOX
United States
14 Jan 2019
New Jersey Law Against Discrimination Protects Autism Non-Profit In Land Dispute
The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) ...
United States
4 Jan 2019
Eleventh Circuit Works Out Preclusion And Preemption Issues In Protein Powder Dispute
On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals' suit against HBS International Corp. for alleged violations of the Lanham Act...
United States
18 Dec 2018
California Has A New Governor – Will It Make Much Difference For Employers?
After Jerry Brown's second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what's in store for them in the Golden State.
United States
14 Nov 2018
Proskauer Delivers #MeToo Webinar With EEOC Commissioner Feldblum
On September 5th, Proskauer partner Steve Pearlman had the honor of delivering a webinar with EEOC Commissioner Chai Feldblum, which Proskauer senior associate Danielle Moss moderated.
United States
1 Oct 2018
California Imposes New Mediation Disclosure Requirement On Attorneys
Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation.
United States
1 Oct 2018
Site Cannot Compel Arbitration Based Upon Later-Amended Terms Without Showing Adequate User Notification Of Change
A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time,
United States
31 Aug 2018
California Federal Court Grants Motion To Compel Arbitration Of Dodd-Frank Whistleblower Claim
On June 27, 2018, the U.S. District Court for the Central District of California granted Snap Inc.'s motion to compel arbitration of a Dodd-Frank whistleblower retaliation claim.
United States
11 Jul 2018
Another Day, Another $31 Million Employee Verdict From A Los Angeles Jury
On Tuesday, a Los Angeles jury did what L.A. juries do so often these days
United States
6 Jul 2018
New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process
Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed
United States
19 Jun 2018
SCOTUS: Employers Can Compel Individual Arbitration Of Wage And Hour Claims
The opinion resolves a split among federal circuits, and reiterates—once again—the strong federal policy favoring arbitration.
United States
23 May 2018
Court Makes Motion To Dismiss In Trademark Dispute Magically Disappear
A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case.
United States
12 Apr 2018
Massachusetts Legislature Considers Prohibiting Mandatory Arbitration Of Employment Claims
A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018.
United States
12 Feb 2018
Justice (And Lunch) Is Served: Second Circuit Holds That Food Truck Branded With Ethnic Slurs Is Entitled To First Amendment Protection
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
United States
19 Jan 2018
To Be Or Not To Be: Can Attorneys' Fees Be Recovered On A Void Contract
Surprisingly, you can, according to a recent California Court of Appeal case decided in December 2017.
United States
11 Jan 2018
Pivot To Arbitration: China Embraces Arbitration To Promote Investment
In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt...
30 Oct 2017
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