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Results: 1-10 of 20

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


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


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


Six-month claims limitations period in arbitration agreement unconscionable
  • Fenwick & West LLP
  • USA
  • February 20 2013

In Bowlin v. Goodwill Industries of Greater East Bay, Inc., a California federal district court found Goodwill's requirement, as part of an


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


Employer must provide copy of arbitration forum rules or where rules can be found
  • Fenwick & West LLP
  • USA
  • March 13 2012

In Mayers v. Volt Management Corporation, a California court of appeal refused to enforce an employment arbitration agreement for, among other reasons, the failure of the employer to provide the employee with a copy of the arbitration rules or how to find them


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


Post-Concepcion, arbitration agreements still subject to Armendariz test
  • Fenwick & West LLP
  • USA
  • June 15 2012

A California Court of Appeal recently affirmed the applicability of the Armendariz v. Foundation Health Psychare Services, Inc. standard for assessing unconscionability challenges to arbitration agreements, notwithstanding the U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion


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


California courts continue to scrutinize mandatory employment arbitration agreements
  • Fenwick & West LLP
  • USA
  • March 14 2011

While many employers favor mandatory employment arbitration for the resolution of employment-related disputes, they must be careful to ensure that their arbitration agreements meet strict legal requirements