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Plaintiffs Are Responsible for Commencing Court-Ordered Arbitration

The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against...more

No Arbitration Even If Only One Claim Is Covered By EFAA

Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Court Of Appeal Holding: One Bad Agreement Spoils The Bunch

Seyfarth Synopsis: The California Court of Appeal held that separate arbitration and confidentiality agreements that were executed simultaneously during initial hiring should be read together, such that the unconscionability...more

Ninth Circuit Rehearing Suggests a FAArewell to California’s Arbitration Prohibition

Seyfarth Synopsis: A divided Ninth Circuit Court of Appeals panel has ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which purports to prohibit employers from requiring job...more

Court of Appeal Holds Statutory Rights Supersede Arbitration Award

Seyfarth Synopsis: California Business and Professions Code section 16600 expresses California’s strong public policy of protecting the right of citizens to pursue any lawful employment. ...more

Can Inclusion Riders Force Demographic Proportionality In Hiring?

Seyfarth Synopsis: With a single utterance at the recent Academy Awards ceremony, “inclusion rider” entered the popular lexicon. That has led many to wonder, “What is an inclusion rider?” The next question, of course, is...more

Court OKs Arbitration Agreement Permitting Injunctive Relief

Seyfarth Synopsis in a Second: A clause in an employment arbitration agreement that authorizes preliminary injunctive relief in court does not make the agreement unenforceable. As a general proposition, arbitration...more

Texas Don’t Hold ‘Em: Forum Selection Clause Is Unenforceable

California courts generally favor forum selection clauses entered into freely by parties and where enforcement is not unreasonable. This general principle is true even if the forum selection clause is “mandatory” and requires...more

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