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California Court of Appeal extends Armendariz to cover independent contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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March 7 2011

In the seminal case Armendariz v Foundation Health Psychcare, the Supreme Court of California established the standard for determining the enforceability of mandatory arbitration agreements for employees

Provisions in CC&R's requiring arbitration of claims against developers by homeowners associations or owners are not enforceable

Sheppard Mullin Richter & Hampton LLP
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USA
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January 21 2011

In Villa Vicenza Homeowners Ass'n v Nobel Court Dev, LLC, No D054550 (4th Dist. Jan 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and restrictions (CC&R's) that required a homeowners association (HOA) and homeowners to arbitrate claims against the developer are not enforceable

AT&T Mobility LLC v. Concepcion - what does it mean for class arbitration and class actions in federal antitrust cases?

Sheppard Mullin Richter & Hampton LLP
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USA
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May 13 2011

On Wednesday, April 27, 2011, the United States Supreme Court decided AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. Apr. 27, 2011), holding that the Federal Arbitration Act, 9 U.S.C. sec. 2 ("FAA") preempts the California Supreme Court's "Discover Bank" rule, which held that class action waivers in arbitration agreements were unconscionable and unenforceable

The "Franken Amendment": a blow to arbitration and increased litigation and compliance for government contractors

Sheppard Mullin Richter & Hampton LLP
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USA
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December 8 2009

In October, the United States Senate, by a 68-30 vote, approved an amendment to the Department of Defense ("DoD") appropriations bill for fiscal year 2010 which prohibits the use of appropriated funds, if such funds are to be paid to any contractor or subcontractor, at any tier, which requires its employees or independent contractors to resolve certain claims through arbitration

A new weapon against debtors! Attachment in aid of international arbitration is permitted even where the court lacks personal jurisdiction over the debtor

Sheppard Mullin Richter & Hampton LLP
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USA
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October 13 2011

In the matter of In re Sojitz Corporation v. Prithvi Information Solutions, Ltd, Index No. 6025112009 (1st Dept. 2011) (“Sojitz Corp.”), the First Department, in a case of first impression, affirmed the decision of former Justice James A. Yates, and held that a creditor can attach assets in New York, for security purposes, in anticipation of an award that will be rendered in an international arbitration proceeding, even though the debtor has no connection to New York by way of personal jurisdiction

Arbitrators can decide validity of arbitration provision in construction contracts

Sheppard Mullin Richter & Hampton LLP
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USA
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December 2 2011

Binding arbitration of construction disputes is frequently required by standard industry contracts

Comprenez-vous international arbitration?

Sheppard Mullin Richter & Hampton LLP
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USA
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June 7 2011

International arbitration is becoming the preferred method of resolving disputes in the fashion industry because international arbitration typically provides: (1) a private resolution so that the parties can still continue their business relationship in the future; (2) a neutral forum; (3) easy enforcement of the judgment throughout the world; and (4) a faster and cheaper dispute resolution than traditional litigation

California appellate court analyzes employment arbitration agreement after Supreme Court's AT&T decision

Sheppard Mullin Richter & Hampton LLP
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USA
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July 15 2011

On July 12, 2011, California's Second Appellate District Court of Appeal issued a decision in Brown v. Ralphs Grocery Company regarding the enforceability of arbitration agreements in the employment context that limit employees' rights to assert class and representative actions

Construction arbitration clause calling for expanded judicial review must be explicit and unambiguous

Sheppard Mullin Richter & Hampton LLP
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USA
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July 28 2011

Parties to construction arbitrations who are disappointed with the arbitrator's award are often doubly disappointed to learn that they have very little chance of successfully appealing in a court to overturn the arbitrator's decision

California Court of Appeal holds defendant did not waive its right to compel arbitration by waiting until after class certification where other class members--but not plaintiff--had agreed to arbitrate

Sheppard Mullin Richter & Hampton LLP
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USA
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December 22 2011

In Sky Sports, Inc. v. Superior Court, (2nd Dist., Div. 3, Dec. 15, 2011) Case No. B233820, the California Court of Appeal held that a defendant does not waive its right to compel arbitration of a class action by waiting to file a motion to compel arbitration until the class has been certified, where some of the class members, but not the class representative, signed arbitration agreements with defendant

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