Business Litigation, Dispute Resolution, Federal Arbitration Act

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on 8/5/2025

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

From 1925 to Today: How the FAA Transformed Dispute Resolution

JAMS on 5/28/2025

In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

DLA Piper on 3/7/2025

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more

Fourth Circuit Rules that SCRA Does Not Preclude Arbitration

McGlinchey Stafford on 2/18/2025

In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more

You Bargained for Confidential Arbitration but Your Adversary Sues in Public Court—Now What?

Felicello Law PC on 9/27/2022

From secret formulas to priceless client lists, sensitive information is critical to the continued success of businesses large and small. In business dealings, trade secrets and competitive information are sometimes exchanged...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Burr & Forman on 11/3/2015

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more