A Financial Industry Regulatory Authority (FINRA) Hearing Panel recently ruled that a national broker-dealer can enforce the class action waiver in
In a federal antitrust case brought by restaurant owners against American Express, the Supreme Court agreed on November 9 to decide "whether the Federal Arbitration Act permits courts, invoking the 'federal substantive law of arbitrability,' to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law claim".
Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there must be an enforceable "agreement" to arbitrate in the first place.
The Consumer Financial Protection Bureau has promulgated a final rule on non-waiver of attorney-client privilege and work product protection for information voluntarily or involuntarily submitted by a regulated entity to the CFPB in situations where it subsequently shares that information with another federal or state agency.
In a precedent-toppling decision last week, a California appellate court held that a class-action waiver in an employment arbitration agreement was valid after concluding that a California Supreme Court decision to the contrary has now been overruled by the U.S. Supreme Court.
As we discussed in the last issue, the multistate settlement agreement, filed on March 12, 2010, has imposed settlement terms and agreements that operate much more like newly promulgated regulations than settlement terms.
A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible even after the U.S. Supreme Court’s landmark ruling in AT&T Mobility v. Concepcion, which held that state laws barring the enforcement of class action waivers in consumer arbitration agreements are preempted by the Federal Arbitration Act.
The Occupational Safety and Health Administration last week issued an interim final rule relating to whistleblower claims under the Sarbanes-Oxley Act.
A new Philadelphia ordinance will require certain employers to provide paid sick days to their employees.
On September 21, the IRS announced a voluntary compliance program allowing businesses to reclassify as employees workers treated as independent contractors with minimal tax liability and no interest or penalties on the tax liability.