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Corporate Counsel Arbitration Agreements

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

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

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

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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

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

Morgan Lewis

UK Arbitration Act 2025 to Enter Into Force on 1 August

Morgan Lewis on

The substantive reforms contained within the Arbitration Act 2025, which received Royal Assent on 24 February, will come into full force on 1 August 2025. The reforms will apply to all English-seated arbitrations commenced on...more

Davis Wright Tremaine LLP

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

Hicks Johnson

HB 40 Has Been Signed: Key Takeaways for Corporate Legal Teams

Hicks Johnson on

On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more

Foley & Lardner LLP

Mexico’s Judicial Reform: Why Arbitration is Now Essential for Protecting Your Business

Foley & Lardner LLP on

On June 1, 2025, Mexico implemented a sweeping Judicial Reform that changes the very foundation of how justice is administered in the country. Judges, magistrates, and justices are now chosen through popular elections—a major...more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

Littler on

Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Sheppard Mullin Richter & Hampton LLP

Major Changes to AAA Employment Arbitration Rules: What Employers and Litigants Need to Know

Effective May 1, 2025, the American Arbitration Association (“AAA”) implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures. According to the AAA, these revisions aim to...more

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

Fenwick & West LLP on

On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Littler

The Sixth Circuit Rules on Arbitration Clause Enforcement

Littler on

The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the...more

Womble Bond Dickinson

International Arbitration: What You Need to Know for 2025

Womble Bond Dickinson on

As 2025 gets underway, Womble Bond Dickinson has been taking stock of the major international arbitration developments from last year that are likely to affect our clients with international business. In 2024, we saw...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2025

Jackson Lewis P.C. on

The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

Proskauer Rose LLP on

Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

Jackson Lewis P.C.

A Reminder of Changes to California Workplace Law from 2024

Jackson Lewis P.C. on

As we wrap up 2024, here is a review of some of the changes to California employment law that will continue to affect employers in 2025. Legislative Changes...more

Stikeman Elliott LLP

Cryptocurrency Exchange Arbitration Agreement Found Unenforceable: Ontario Court of Appeal

Stikeman Elliott LLP on

The Ontario Court of Appeal (the “Court”) in Lochan v. Binance Holdings Limited, 2024 ONCA 784, recently upheld a lower court decision dismissing a large cryptocurrency trading platform’s motion to stay a class proceeding in...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

Jackson Lewis P.C. on

Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Sheppard Mullin Richter & Hampton LLP

Highlights of the Draft Amendment to the Arbitration Law of China

Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more

Jackson Lewis P.C.

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

Jackson Lewis P.C. on

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Ballard Spahr LLP

Seventh Circuit Slams the Brakes on Consumer Mass Arbitration against Samsung

Ballard Spahr LLP on

We previously wrote about an Illinois federal district court order requiring Samsung to pay about $4 million in arbitration fees in connection with 35,000 individual arbitration demands filed as part of a “mass arbitration”...more

Seyfarth Shaw LLP

Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are...

Seyfarth Shaw LLP on

The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Second Circuit Casts Doubt on Overly Restrictive Arbitration Clauses in ERISA Plans

Employers in New York, Connecticut and Vermont should revisit their employee benefit plan documents if they believe that any of their plans may have an arbitration clause for the resolution of Employee Retirement Income...more

Fisher Phillips

SCOTUS Says Court Shouldn’t Have Dismissed Suit While Claims Were Arbitrated: Key Findings + 4 Proactive Steps for Employers

Fisher Phillips on

When employers implement arbitration programs, they expect employees to file covered claims in arbitration – but employees often file those claims in court anyway. So, when an employee brings a claim to the courthouse that is...more

FordHarrison

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

FordHarrison on

Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

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