Arbitration Archives

In Arbitration

US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability

January 15, 2019 by Michael Leggieri 3 Mins Read

Co-authored by Mike Leggieri (Employment & Compensation Partner, SF) and Steven Chasin (Litigation Associate, DC)

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done.

In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an arbitrator the question of whether the agreement applies to a particular dispute, courts have no power to decide this question, even if a court considers the arbitrability argument to be “wholly groundless.”

In Arbitration

US Employment & Compensation Digest 2018/2019

January 7, 2019 by Caroline B. Burnett 1 Min Read

2018 was, without a doubt, another extraordinary year for US employers. The #MeToo movement continues to have a tremendous impact on the workplace. In addition, the thorny issue of how to manage contractor classifications in the gig economy continued to evolve and new DOJ enforcement activity is heightening concerns about no-poaching agreements and other antitrust activity. In 2019, employers will confront a host of new laws in 2019 on topics ranging from sick leave, lactation…

In Arbitration

You Had Me At “Class Action Waiver”

November 29, 2018 by Michael E. Brewer, Michael Leggieri and Robin Samuel 3 Mins Read

As we previously discussed here, the United States Supreme Court’s May 2018 decision in Epic Systems v. Lewis was a clear win for employers that seek to avoid the expense and disruption of class litigation by resolving disputes individually through binding arbitration. As explained by the Supreme Court in AT&T Mobility LLC v. Concepcion, “[i]n bilateral arbitration, parties forego the procedural rigor and appellate review of the courts in order to realize the benefits of private dispute resolution: lower costs, greater efficiency and speed, and the ability to choose expert adjudicators to resolve specialized disputes.”

For employers looking to take advantage of the benefits of individual arbitration, there are several drafting nuances to consider before rolling out or updating existing arbitration agreements.

In Arbitration

From The Seventh Circuit: Class Arbitration Determination Is For Courts

November 5, 2018 by Douglas A. Darch and Melissa Logan 3 Mins Read

The Seventh Circuit recently clarified that courts should determine whether an arbitration agreement provides for or permits class-action claims. The decision in Herrington v. Waterstone Mortgage Corp. is instructive on many levels, not the least of which is its clarity.

In Arbitration

Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims

September 17, 2018 by Michael Leggieri and Melissa Logan 3 Mins Read

In August, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) upheld an arbitration agreement that required individual arbitration of claims under the federal Fair Labor Standards Act (FLSA). The Court’s decision is in line with the United States Supreme Court’s decision in Epic Systems Corp. v. Lewis.

In Arbitration

New Episode: Employment Arbitration Agreements With Class Action Waivers Are Enforceable

June 21, 2018 by Arthur Rooney and Michael E. Brewer 1 Min Read

In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements. Download this episode (and more) on iTunes | Android | Stitcher | TuneIn | Google Play.

In Arbitration

Employment Arbitration Agreements With Class Action Waivers Are Enforceable

May 23, 2018 by Arthur Rooney, Jordan Faykus and Robin Samuel 1 Min Read

But Are They Right for Your Workforce? The US Supreme Court issued a highly anticipated decision on May 21, 2018 in Epic Systems Corp. v. Lewis, holding that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act. Although employers now have a tool to effectively eliminate most employment class actions through the use of arbitration agreements, several other important nuances remain…

In Arbitration

US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements

May 21, 2018 by Arthur Rooney, Caroline B. Burnett, Jordan Faykus, Michael E. Brewer and William F. Dugan 2 Mins Read

Welcome news for employers: companies can require their workers go through arbitration to pursue any legal claims against their employers, rather than go to court or join together in class lawsuits or grievances, the US Supreme Court held today in a 5-4 vote. Writing for the majority in three consolidated cases (Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil USA, Inc., and Ernst & Young LLP v. Morris), Justice Neil Gorsuch said the Federal…

In Arbitration

#MeToo Breaks Silence, Legislators Follow: Arbitration Agreements

March 20, 2018 by Meredith L. Kaufman 3 Mins Read

The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.