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Arbitration Confidentiality Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ervin Cohen & Jessup LLP

Contemporaneous Onboarding Documents May Invalidate An Employer’s “Squeaky Clean” Arbitration Agreement

Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

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There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more

JAMS

Dispute Resolution in the AI Age

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Contractors, design professionals and others in the construction industry are using AI tools in their work more frequently. As artificial intelligence (AI) becomes more widely used in all areas of business and in day-to-day...more

Mandelbaum Barrett PC

Question and Answer with a Corporate Law Attorney: FAQs Answered

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Starting and running a business can be an exciting yet overwhelming journey, and the legal side of things often adds complexity. Many entrepreneurs and business owners find themselves with pressing questions about how to...more

Offit Kurman

Five Things to Take into Consideration When Negotiating and Settling a Case

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Settling a case is hard. Negotiating the terms and coming to an agreement can take weeks or months. But once the parties agree to the general terms of a settlement (e.g., the amount of money changing hands and the timing of...more

Kohrman Jackson & Krantz LLP

An Influencer’s Guide to Contracts: Key Terms you Can’t Ignore

The digital age has rocketed content creators to the forefront of entrepreneurship. Content creators often do more than create content; they build lucrative online presences that serve as platforms for diverse businesses...more

Proskauer - Minding Your Business

A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform

Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to...more

Snell & Wilmer

Important Arbitration Update: 2024 Amendments to the AAA Construction Industry Arbitration Rules

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On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996 – The Law Commission’s Final Report

We have previously reported on changes the Law Commission was considering to the Arbitration Act 1996 (the Act). The Law Commission has now published its final report (the Final Report, available here). The report draws...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996 – Where are We Now?

England & Wales is one of the most popular locations for commercial parties to resolve disputes by way of arbitration. The Law Commission (the body responsible for considering and recommending legislative change to the UK...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

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Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Epstein Becker & Green

Common Misconceptions About Confidentiality in Arbitration Proceedings

Litigants and attorneys often assume—wrongly—that arbitration proceedings are completely confidential. In fact, there are many ways that private arbitration proceedings can become subject to public scrutiny....more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - June 1st, Wayne, PA

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The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more

Holland & Hart - Employers' Lawyers

End of Year Federal Employment Law Update: 2022

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more

Epstein Becker & Green

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

Confidential arbitration agreements between employers and their employees are commonplace. Employers favor such agreements for many reasons, including preserving privacy and allowing legitimate claims to be either settled or...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

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In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Proskauer - Labor Relations Update

Requiring Employees to Maintain the Confidentiality of Arbitration Proceedings Held to be Lawful Under the NLRA…For Now

In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more

Payne & Fears

Key California Employment Law Cases: November 2020

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Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

TransPerfect Legal

Cybersecurity and Arbitration: Protecting Your Documents and Ensuring Confidentiality

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Legal Cybersecurity - One of the core advantages that drives parties to arbitrate is the promise of confidentiality. Unlike public court proceedings, arbitrations provide parties with a private forum through which to air and...more

Winstead PC

Feuding Business Partners in Private Companies: Considering Arbitration to Resolve Partnership Disputes

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It is common for private company co-owners to have disagreements while they operate their business, but they typically work through these disputes themselves. In those rare instances where conflicts escalate and legal action...more

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Troutman Pepper Locke

When Confidentiality and 28 U.S.C. § 1782 Collide: In re Application of Servotronics, Inc.

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In the context of an arbitration, “confidentiality” typically refers to the parties’ obligation not to disclose information concerning the arbitration to third parties. As demonstrated by a recent arbitral tribunal ruling,...more

Dorsey & Whitney LLP

Court’s $179 Million Award Underscores Importance of Confidentiality Agreements

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In an important lesson for both employers and employees, on Wednesday, March 4, 2020, a California superior court judge affirmed a $179 million arbitration award against a former Uber executive, Anthony Levandowski, for...more

Fisher Phillips

A Case For Confidentiality: Why Recent Arguments Against Arbitration Anonymity May Be Misguided

Fisher Phillips on

The assault on arbitration is old news. Recently, however, courts and commentators alike have seemed to stake out a new area for contest in the ongoing back and forth debate about this valuable litigation alternative:...more

Carlton Fields

Maryland District Court Finds Damages Award, Not Liability Award Was “Final” Decision Triggering Time to Challenge Award Under FAA

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The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant’s dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in...more

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