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After Granting a Motion to Compel Arbitration, a Court Operating Under the FAA Should Stay, Not Dismiss, the Pending Suit. And Then What?
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • 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


The Supreme Court Rules That Class Action Waivers Are Enforceable
  • Burns & Levinson LLP
  • USA
  • July 30 2018

As I noted in a prior post, the differences between arbitration and litigation go well beyond the fact that arbitration generally is a quicker and



Arbitration And The Increasingly Political JudiciaryShould Employers (And Employees) See Arbitration As The More Neutral Forum?
  • Seyfarth Shaw LLP
  • USA
  • July 26 2018

The trend-lines describe employment-related litigation in the past 25 years: the emergence of arbitration as a flexible and increasingly


Vacatur Based On Evident Partiality: Second Circuit Holds That Different Standards Apply To Party-Appointed Arbitrators and Umpires
  • Crowell & Moring LLP
  • USA
  • July 19 2018

On June 7, 2018, the Second Circuit Court of Appeals ruled that the standard to show evident partiality as a basis for vacatur under the Federal


A Brief Look at Justice Kennedy’s Rule 23 Record
  • Bradley Arant Boult Cummings LLP
  • USA
  • July 18 2018

While he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on


Reminder for NY employers: key pieces of sexual harassment legislation just took effect
  • Reed Smith LLP
  • USA
  • July 16 2018

Earlier this year, New York Governor Andrew Cuomo signed into law the State’s Budget Bill for fiscal year 2018-19. Astute employers may recall that


Strategizing a Case in Litigation Versus Arbitration
  • Wilk Auslander LLP
  • USA
  • July 16 2018

In principle, every case should be decided according to the facts and the law, no matter who is making the decision or in which forum. In practice


The Potential Pitfalls of Contesting Arbitrability in the Arbitration
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 16 2018

When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to


Arbitral proceedings in the USA
  • Dechert LLP
  • USA, Global
  • July 13 2018

A structured guide to arbitral proceedings in the USA