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California Supreme Court rules that arbitration agreements with class action waivers are preempted by the Federal Arbitration Act, but PAGA action waivers are not
  • Winston & Strawn LLP
  • USA
  • June 24 2014

On June 23, 2014, the California Supreme Court, ruling 6-1, issued its highly anticipated ruling in Iskanian v. CLS Transportation Los Angeles, LLC


Manager violated the Stored Communication Act by using a fake Facebook account to see an employee's posts
  • Winston & Strawn LLP
  • USA
  • September 5 2013

In an arbitration decision released recently, an arbitrator found that a U.S. Border Patrol manager violated the Stored Communications Act (SCA) when


Fifth Circuit rejects NLRB ruling, finding class action waivers enforceable
  • Winston & Strawn LLP
  • USA
  • December 5 2013

On December 3, 2013, the Fifth Circuit issued a ruling in the closely watched collective and class action waiver arbitration case, D.R. Horton v


Rule prohibiting the arbitration of class action employment claims is approved
  • Winston & Strawn LLP
  • USA
  • June 11 2012

On June 8th, the Financial Industry Regulatory Authority ("FINRA") announced SEC approval of amendments to FINRA Rule 13204 of the Code of Arbitration Procedure for Industry Disputes (Industry Code) to preclude collective action claims by employees of FINRA member firms under the Fair Labor Standards Act, the Age Discrimination in Employment Act or the Equal Pay Act of 1963 from being arbitrated under the Industry Code


Million dollar attorney fee award is affirmed
  • Winston & Strawn LLP
  • USA
  • February 21 2012

On February 16th, the Fourth Circuit affirmed the confirmation of an arbitration award and held that the arbitration panel did not manifestly disregard the law when it awarded $1.1 million in attorneys' fees and costs to the former employees in accordance with the South Carolina Frivolous Civil Proceedings Act


NLRB says arbitration agreements waiving employees’ right to file class action claims violate the National Labor Relations Act
  • Winston & Strawn LLP
  • USA
  • January 10 2012

Last week, the National Labor Relations Board (“NLRB” or “Board”) ruled that arbitration agreements prohibiting employees from filing class action claims violate the National Labor Relations Act (“NLRA”


Reversing previous ruling, California Supreme Court holds arbitration agreement that waives right to an administrative hearing may be enforceable
  • Winston & Strawn LLP
  • USA
  • October 22 2013

On October 17, 2013, in Sonic-Calabasas v. Moreno (Sonic II), the California Supreme Court overturned its 2011 holding in Sonic-Calabasas v. Moreno


Administrative, court & other decisions
  • Winston & Strawn LLP
  • USA
  • July 6 2012

The National Mediation Board denied an election interference complaint from the Teamsters against the IAM and United Continental Holdings Inc


U.S. Supreme Court holds that arbitrators decide the validity of noncompetition clauses under valid arbitration agreements
  • Winston & Strawn LLP
  • USA
  • November 27 2012

The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement


FINRA proposes amendments invalidating predispute arbitration agreements for whistleblower claims
  • Winston & Strawn LLP
  • USA
  • December 12 2011

On December 6th, the SEC provided notice of the Financial Industry Regulatory Authority's proposal to amend FINRA Rule 13201 (Statutory Employment Discrimination Claims) of the Industry Code, and FINRA Rule 2263 (Arbitration Disclosure to Associated Persons Signing or Acknowledging Form U4), to align the rules with statutes that invalidate predispute arbitration agreements for whistleblower claims