We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 20

Court refuses to enforce arbitration agreement for lack of consent
  • Fenwick & West LLP
  • USA
  • December 14 2011

Recently, the Northern District of California refused to compel arbitration of discrimination claims where an employee refused to sign an acknowledgment of a new mandatory arbitration agreement that expressly stated that continued employment constituted acceptance of the agreement


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


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


Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement
  • Fenwick & West LLP
  • USA
  • May 14 2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in


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


Class action waivers in arbitration agreements still viable, but vulnerable, in California
  • Fenwick & West LLP
  • USA
  • December 18 2012

A California Court of Appeals held in Franco v. Arakelian Enterprises, Inc. that the United States Supreme Court decisions in Stolt-Nielsen S.A. V


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


Supreme Court emphasizes supremacy of Federal Arbitration Act
  • Fenwick & West LLP
  • USA
  • December 18 2012

In Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court chided the Oklahoma Supreme Court for exceeding its authority and failing to