The Briefing: Court Says “No Way” To 50 Cent’s Battle Over Skill House
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An employer that withholds disputed arbitration fees in a pending arbitration has not “refused” to arbitrate within the meaning of the Federal Arbitration Act (FAA); therefore, a court has no authority to compel the employer...more
The British Columbia Court of Appeal’s decision in Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261, provides significant guidance on the enforceability of arbitration clauses embedded in employment incentive plans. ...more
In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a “stepped” dispute resolution clause did not bar recourse to...more
Imagine this: You have worked with your attorney on crafting the perfect arbitration agreement. You have an issue that goes to arbitration and are in the middle of arbitrating when you get notified that the arbitration is...more
Since its enactment, the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has resulted in plaintiffs’ lawyers tacking on increasingly implausible sexual harassment claims to unrelated...more
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
This sixth installment of our series discusses the elimination of jury trials by way of employment arbitration agreements. In today’s complex legal landscape, employers are increasingly turning to arbitration agreements as a...more
In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more
On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely...more
In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more
In the recent case before the English Commercial Court of Energyen Corp v HD Hyundai Heavy Industries Co Ltd [2025] EWHC 1586 (Comm), Justice David Foxton rejected a challenge to an ICC arbitration award under Section 67 of...more
The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more
On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more
On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more
In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more
The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more
I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more
The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more
The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more
The use of arbitration clauses in employment and consumer-related contracts is ubiquitous. California law requires companies facing employment and consumer claims in arbitration to pay arbitration fees and costs within 30...more
The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more
Clients often ask why, in some commercial contracts, their lawyers recommend that disputes are handled through the courts but, in others, they recommend arbitration. Sometimes it comes down to a question of judgement, but...more
Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more
The current dispute between the Las Vegas Raiders (“Raiders”) and Christian Wilkins (“Wilkins”) is more than a football headline; it underscores how fragile the concept of “guaranteed” money can be—not only in sports but also...more
In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and...more