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Arbitration Agreements › Mandatory Arbitration Clauses › Opt-Outs

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

Amundsen Davis LLC

U.S. District Court Looks At Change Of Employment Terms Sent By Email

Amundsen Davis LLC on

The U.S. District Court in Connecticut recently issued an instructive decision on the ever-increasing practice of emailing employees to notify them of changes to the terms of their employment. Financial services giant Morgan...more

Seyfarth Shaw LLP

Governor Brown Vetoes Legislative Attempt To Criminalize Mandatory Arbitration

Seyfarth Shaw LLP on

Seyfarth Synopsis: In vetoing the California Legislature’s attempt to criminalize arbitration agreements (AB 3080), Governor Brown displayed common sense and the legal learning provided by recent U.S. Supreme Court authority....more

Proskauer - New Media & Technology

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

Proskauer - New Media & Technology on

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, as the user may not have...more

Fisher Phillips

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

Fisher Phillips on

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are,...more

Mintz - Arbitration, Mediation, ADR...

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

Mintz - Arbitration, Mediation, ADR... on

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Littler

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Akerman LLP - HR Defense

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Akerman LLP - HR Defense on

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Stinson LLP

Ninth Circuit Finds That Requiring Employees to Sign Class Action Waivers Violates the NLRA

Stinson LLP on

In a recent opinion, Morris v. Ernst & Young, the Ninth Circuit Court of Appeals followed the Seventh Circuit and held that employers violate the National Labor Relations Act (NLRA) when they require employees to sign an...more

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