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Article

Ballard Spahr LLP | USA | 26 Feb 2013

FINRA panel: brokerage firms may require individual arbitration of customers’ securities disputes

A Financial Industry Regulatory Authority (FINRA) Hearing Panel recently ruled that a national broker-dealer can enforce the class action waiver in

Article

Ballard Spahr LLP | USA | 12 Nov 2012

Arbitration on Supreme Court’s plate in American Express case

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".

Article

Ballard Spahr LLP | USA | 11 Sep 2012

Second Circuit: online agreement did not bind plaintiffs to subsequent arbitration provision

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.

Article

Ballard Spahr LLP | USA | 10 Jul 2012

CFPB adopts privilege waiver rule as originally proposed

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.

Article

Ballard Spahr LLP | USA | 11 Jun 2012

Class-action waivers in employment agreements deemed valid by California appeals court

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.

Article

Ballard Spahr LLP | USA | 29 Mar 2012

Going above and beyond the SCRA

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.

Article

Ballard Spahr LLP | USA | 14 Nov 2011

California Court avoids Concepcion by striking arbitration agreement without considering class action waiver

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.

Article

Ballard Spahr LLP | USA | 9 Nov 2011

In light of Dodd-Frank, OSHA issues interim rule for SOX whistleblower cases

The Occupational Safety and Health Administration last week issued an interim final rule relating to whistleblower claims under the Sarbanes-Oxley Act.

Article

Ballard Spahr LLP | USA | 8 Nov 2011

New paid sick leave law for some Philadelphia employers

A new Philadelphia ordinance will require certain employers to provide paid sick days to their employees.

Article

Ballard Spahr LLP | USA | 23 Sep 2011

IRS announces voluntary worker classification settlement program

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.

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