The U.S. Supreme Court’s June 2023 decision in Coinbase Inc. v. Bielski requires that district court litigation in any matter remain in the starting gate while any appeal from a denial of a motion to compel arbitration in...more
10/9/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Consumer Financial Products ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Services Industry ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
SCOTUS
Although courts routinely enforce arbitration agreements, they will not compel arbitration of claims outside the scope of the parties’ agreement. That was the outcome in Hawkins v. Cintas Corp., in which two former employees...more
The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more
10/10/2019
/ 401k ,
Affiliated-Business Arrangements ,
Arbitration ,
Arbitration Agreements ,
Arbitration Procedural Rules ,
Breach of Duty ,
Charles Schwab ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Interlocutory Appeals ,
Investment Funds ,
Motion to Compel ,
Retirement Plan
May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more
7/23/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Life Insurance ,
NLRA ,
NLRB ,
Securities