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Results: 1-10 of 22

Employment Alert: Ninth Circuit Nixes Employee Class and Collective Action Waivers, Calling into Question Future Viability of Employment Arbitration
  • Fenwick & West LLP
  • USA
  • August 31 2016

Mandatory employment arbitration agreements suffered a significant blow last week, when the U.S. Court of Appeals for the Ninth Circuit (covering


U.S. Supreme Court Supports Validity of Class-Action Waivers in Arbitration Agreements
  • Fenwick & West LLP
  • USA
  • December 21 2015

On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the


Ninth Circuit affirms Iskanian ruling rendering PAGA waivers illegal
  • Fenwick & West LLP
  • USA
  • October 23 2015

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los


Employer cannot waive unconscionable portions of arbitration agreement
  • Fenwick & West LLP
  • USA
  • August 25 2015

Finding that an employment arbitration agreement was procedurally and substantively unconscionable, a U. S. District Court for the Northern District


Recent cases provide helpful reminders regarding best practices (and pitfalls) with employment arbitration clauses
  • Fenwick & West LLP
  • USA
  • March 25 2015

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide


Buyer permitted to enforce arbitration agreement with acquired company’s employees
  • Fenwick & West LLP
  • USA
  • February 18 2015

A California court of appeal ruled in Marenco v. DirecTV, LLC that DirecTV could enforce an arbitration agreement between a company it purchased and


But no agreement to arbitrate where agreement contains PAGA waiver that was not severable
  • Fenwick & West LLP
  • USA
  • February 18 2015

When an arbitration agreement contained an unenforceable waiver of claims under California's Private Attorneys General Act ("PAGA") and the agreement


Court enforces arbitration and class action waiver policy, but allows time to assert PAGA claims
  • Fenwick & West LLP
  • USA
  • August 14 2014

Following the California Supreme Court's decision in Iskanian v. CLS Transportation (reported in the July 2014 FEB), a California federal district


Mixed bag on arbitration agreements enforceability questions may be delegated to arbitrator, but agreements still subject to scrutiny
  • Fenwick & West LLP
  • USA
  • June 17 2014

A U.S. Supreme Court order and California appellate court decision highlight the continued attention to, and evolving area of the law on


Arbitration agreement withstands challenge for lack of notice of arbitration rules or mutuality
  • Fenwick & West LLP
  • USA
  • October 16 2013

In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration