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OSHA to offer alternative dispute resolution for whistleblower complaints

Morgan Lewis & Bockius LLP
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USA
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November 11 2012

Employers should evaluate whether new whistleblower complaints are eligible for the initiative, which provides expedited and potentially cost-saving resolution of claims

California court enforces waivers of class and paga representative claims

Morgan Lewis & Bockius LLP
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USA
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June 11 2012

Recent court decision represents significant development for parties seeking to enforce arbitration agreements containing class and representative waivers

Class action arbitration waiver rejected by federal appellate court

Morgan Lewis & Bockius LLP
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USA
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February 3 2012

Second Circuit sidesteps Concepcion and holds that the ability to enforce federal statutory rights mandates that a plaintiff be allowed to pursue a class action in court notwithstanding the parties’ agreement to mandatory arbitration

U.S. Supreme Court: FAA preempts state law rule that a class action waiver in a consumer arbitration clause is unconscionable

Morgan Lewis & Bockius LLP
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USA
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April 28 2011

In AT&T Mobility, LLC v. Concepcion, No. 09-893, U.S. (Apr. 27, 2011), the U.S. Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) prohibits states from conditioning the enforceability of consumer arbitration agreements on the availability of classwide dispute resolution procedures

NLRB issues guidance limiting deferral to arbitration awards and grievance settlements

Morgan Lewis & Bockius LLP
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USA
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January 24 2011

On January 20, the Acting General Counsel for the National Labor Relations Board (NLRB or Board) issued a "guideline" memorandum advocating more limited deferral to arbitration awards and grievance settlements in cases involving Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (NLRA or Act

Policyholders may not be limited to Cumis “insurer rates” if defense costs are not timely or fully paid

Morgan Lewis & Bockius LLP
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USA
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September 28 2010

A recent California decision has held that an insurer may not take advantage of a California mechanism for forcing an attorney's fees arbitration on its insured1 if the insurer breached its duty to defend its insured either by failing to pay the full amount owed or by failing to make timely payment of defense costs

California appellate court: insurer must defend insured in alternative dispute resolution

Morgan Lewis & Bockius LLP
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USA
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August 23 2010

In an important decision, a California appellate court recently held in Clarendon American Insurance Co

NLRB issues guidance regarding class action waivers in individual arbitration agreements

Morgan Lewis & Bockius LLP
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USA
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June 22 2010

Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court

California Supreme Court broadens scope of judicial review of arbitration awards in FEHA cases

Morgan Lewis & Bockius LLP
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USA
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April 28 2010

On April 26, in Pearson Dental Supplies, Inc. v. Superior Court (Turcios), the California Supreme Court expanded the narrow scope of judicial review of an arbitration award in an employment case brought under California’s Fair Employment and Housing Act (FEHA