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U.S. Supreme Court to Review Rulings Regarding Inclusion of Class Action Waivers in Mandatory Arbitration Agreements Between Employers and Employees

USA - January 23 2017 On January 13, 2017, the United States Supreme Court agreed to review decisions from three separate Circuit Courts of Appeal that reached different...

Liza Velazquez, Michael L. Nadler, Eric Alan Stone, Maria Helen Keane, Jay Cohen.

New Commercial Division Rule Allows Direct Testimony by Affidavit in Bench Trial

USA - October 4 2016 A new Rule of Practice for the Commercial Division of the New York State Supreme Court is going into effect. The new Rule 32-a permits judges in the...

Elizabeth M. Sacksteder.

Southern District of New York Decision Suggests Increasing Scrutiny of Electronic Agreements

USA - August 8 2016 On July 29, 2016, in Meyer v. Kalanick, Judge Rakoff of the Southern District of New York denied a motion to compel arbitration where the agreement...

Michael L. Nadler, Christopher L. Filburn, Eric Alan Stone, Jay Cohen.

New York Court of Appeals Holds that Common Interest Doctrine Only Applies Where Pending or Reasonably Anticipated Litigation Involved

USA - June 22 2016 On June 9, 2016, the New York Court of Appeals, declining to follow the law of many other jurisdictions, held that the common interest doctrine -...

Bruce Birenboim, Michael L. Nadler, Glenn K. Jones, Robert A. Atkins, Allan J. Arffa.

The U.S. Supreme Court Issues Decision Allowing Use of Statistical Sampling and Representative Evidence by Class Action Plaintiffs in Tyson Foods

USA - March 25 2016 On March 22, 2016, the United States Supreme Court, in its widely anticipated decision Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, ruled...

Liza Velazquez, Kristen-Elise F. Brooks, Daniel J. Toal, Maria Helen Keane, Jay Cohen.