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Fenwick & West LLP | USA | 11 Oct 2018

CVAA Compliance Waiver for Video Games Set to Expire in December 2018

The Twenty-First Century Communications and Video Accessibility Act also known as the CVAA updated federal communications law in 2010 to provide


Fenwick & West LLP | USA | 1 Jun 2017

AliceStorm: April Update and the Impact of TC Heartland on Patent Eligibility

The Supreme Court’s recent decision on patent venue, TC Heartland LLC v. Kraft Foods Group Brands, may actually turn out to be a good thing for


Fenwick & West LLP | USA | 23 Oct 2015

Ninth Circuit affirms Iskanian ruling rendering PAGA waivers illegal

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los


Fenwick & West LLP | USA | 24 Apr 2015

Ninth Circuit reviews enforceability of waiver of right to reemployment

Does California Business and Professions Code 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is


Fenwick & West LLP | USA | 18 Feb 2015

But no agreement to arbitrate where agreement contains PAGA waiver that was not severable

When an arbitration agreement contained an unenforceable waiver of claims under California's Private Attorneys General Act ("PAGA") and the agreement


Fenwick & West LLP | USA | 14 Aug 2014

Court enforces arbitration and class action waiver policy, but allows time to assert PAGA claims

Following the California Supreme Court's decision in Iskanian v. CLS Transportation (reported in the July 2014 FEB), a California federal district


Fenwick & West LLP | USA | 13 Dec 2013

Class Action waiver in arbitration agreement Survives NLRA Challenge

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of


Fenwick & West LLP | USA | 19 Jul 2013

Waiver of class action remedy enforced even though anticipated costs of individual arbitration exceeded maximum potential recovery

In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American


Fenwick & West LLP | USA | 15 Jun 2012

California appellate court compels arbitration and class action waiver, following Concepcion and expressly rejecting D.R. Horton

In a significant victory for California employers, a California Court of Appeal recently upheld a ruling that compelled arbitration of an employee's wage and hour claims and dismissed his class and representative claims.


Fenwick & West LLP | USA | 11 May 2012

Court enforces employment arbitration agreement that contains class action waiver

Following the guidance set forth by the United States Supreme Court in AT&T Mobility v. Concepcion and finding the NLRB’s decision in D.R. Horton and Michael Cuda unpersuasive, a United States District Court in the Northern District of California determined that a mandatory arbitration agreement entered into as part of an employment agreement must be enforced according to its terms despite the existence of a class action waiver provision.

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