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Gilbert A. Samberg

Mintz

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Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

USA - August 27 2018 When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a...


After Granting a Motion to Compel Arbitration, a Court Operating Under the FAA Should Stay, Not Dismiss, the Pending Suit. And Then What?

USA - August 13 2018 After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding? While the...


Who May Determine Whether Class Arbitration Is Authorized?

USA - August 1 2018 Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement a court, an arbitrator, either...


A Proposal: Adopt a “Clear and Unmistakable” Standard to Determine If Parties Have Agreed to “Class Arbitration”

USA - July 9 2018 The U.S. Supreme Court has ruled that “class arbitration” may be permitted if an arbitration agreement authorizes it, Stolt-Nielsen v. AnimalFeeds...


Can Arbitrability Questions Concerning a Non-Signatory to the Arbitration Agreement Be “Delegated” to an Arbitrator?

USA - June 27 2018 “Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a...