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Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more
This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more
Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more
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
The first-ever infographic on mass arbitration from the American Arbitration Association (AAA) confirms that mass arbitration constitutes a real threat for consumer-facing companies, especially gaming companies. In 2024...more
Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a...more
Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more
For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the...more
Disputes are inherent on major subsurface projects. Typically, these disputes arise out of differing subsurface conditions and disagreements about the roles, responsibilities, and risks of the various project participants in...more
International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s...more
Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related...more
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more
For over three decades, arbitration has offered an efficient and cost-effective mechanism for resolving consumer disputes. Companies across a variety of industries, including telecommunications, retail and the gig economy,...more
Key Takeaways: ..With pre-dispute arbitration agreements constantly under attack by PIABA and various federal legislators, FINRA recently issued Regulatory Notice 21-16 to address member firm agreements that extend too...more
In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be "Hoist with [their] own petard," meaning, blown...more
The possibility of a cybersecurity incident—and ensuing litigation—is a fact of life for almost every business. Even companies that do not process or handle consumer information collect personal information about their...more
New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more
Insurance Coverage – Computer Fraud – E-Mail "Spoofing" - Trick or Treat Editors' Note: Does anything cause deeper mortal terror than the prospect of an uncovered loss? In a tale that has an all-too infrequent happy ending...more
On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more
Nifty Counsel, Dunce’s Caps in-house lawyer, came up with what he thought was a brilliant way to minimize the company’s liability to its customers. ...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver - Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released...more
Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager for 2018. Bud quickly determined that Duncey’s needed a formal employee policy handbook. Included within the handbook was an arbitration agreement...more
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate...more