JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more
The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more
On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more
Courts have struggled through the years when considering the enforceability of mandatory class action waivers and arbitration provisions contained within Employee Retirement Income Security Act of 1974 (ERISA) plans and other...more
Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under Section 1981 of the Civil Rights Act of...more
Supreme Court Issues Unanimous Opinion Upholding But-For Causation in Section 1981 Discrimination Cases - The U.S. Supreme Court has issued a unanimous opinion holding that a plaintiff who sues for racial discrimination in...more
On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and...more
In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more
Surrounded by the confusion and anxiety of the current COVID-19 pandemic, it may feel refreshing to step back and consider some of the basic tenets of employment law. The U.S. Supreme Court’s recent decision in Comcast Corp....more
In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more
On Monday, March 23, the United States Supreme Court, in a nearly unanimous opinion, ruled that a plaintiff asserting race discrimination claims in the making of a contract under 42 U.S.C. § 1981 (Section 1981) bears the...more
Section 1981 of the Civil Rights Act prohibits intentional race discrimination in all forms of contracting including employment. Lower courts have split as to whether a § 1981 plaintiff must prove that race was only one...more
The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable. While employers await the Supreme Court’s decision, other courts continue to weigh in on the matter....more
The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more
On August 22, 2016, the U.S. Court of Appeals for the 9th Circuit (which covers California) struck down a "concerted action waiver" (i.e., a waiver of class, collective or other group actions) in an arbitration agreement....more