Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Consumer Finance Monitor Podcast Episode: A Discussion of Industry and Consumer Perspectives on Mass Arbitration
California Employment News: The State of Mandatory Arbitration Agreements in California Employment
Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
#WorkforceWednesday: New Law on Arbitration of Sexual Harassment Claims, Cyber War Ramps Up, Salaried Nonexempt Status - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
DE Under 3: OFCCP Contractor Portal & Request for Comments for Functional Affirmative Action Programs (FAAPs)
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
The Texas Legislature follows a unique legislative calendar and convenes in regular session for 140 days only once every other year. This unusual schedule creates a flurry of new state laws every other year in Texas. These...more
When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more
The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a...more
Most sports fans are familiar with the concept of home field advantage — the idea that the home team gains an advantage over the visiting team because it is playing in familiar facilities, does not have to travel long...more
Home-Court Statutes Continue to Spread. Forum-selection and choice-of-law provisions are meant to give contracting parties control over where a potential dispute between them will be litigated, and what law will govern...more
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more
Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary...more
The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully...more
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more
Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly...more
Sachse Constr. & Dev. Corp. v. Affirmed Drywall, Corp., 2018 Fla App. Lexis 9998 (July 18, 2018) - Sachse Construction, a Michigan-based general contractor, entered into a subcontract (the “Subcontract”) with Affirmed...more
It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more
To protect contractors and subcontractors working on North Carolina construction projects, state law prohibits the enforcement of any agreement subjecting the parties exclusively to the laws of another state or making the...more
The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates...more
The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration." The US District Court for the District of Rhode Island recently applied this...more
Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor,...more
Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more
Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more
An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will apply. A recent...more