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Sixth Circuit Upholds Mandatory Arbitration Of FLSA Claims
  • Baker McKenzie
  • USA
  • September 17 2018

In August, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) upheld an arbitration agreement

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

Supreme Court Business Review: October Term 2017
  • Sullivan & Cromwell LLP
  • USA
  • July 10 2018

In Lucia, the Supreme Court considered whether administrative law judges ("ALJs") of the Securities and Exchange Commission ("SEC") are "Officers of

U.S. Supreme Court Rules That Class Action Waivers Are Enforceable
  • Akerman LLP
  • USA
  • May 24 2018

Employers may require employees to enter into arbitration agreements that waive such employees’ ability to participate in a class or collective action

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic
  • Seyfarth Shaw LLP
  • USA
  • October 3 2017

In yesterday’s oral argument, in one of the most significant employment law cases we have seen in some time, a divided Supreme Court appeared more

The Fifth Circuit Strengthens Employers’ Right to Use Class Action Waivers
  • Husch Blackwell LLP
  • USA
  • August 14 2017

On August 7, 2017, a Fifth Circuit panel ruled, in a divided decision, that a class-action waiver can be enforceable even without an arbitration

DOJ Now Supports Enforcement of Employment Arbitration Clause
  • Benesch Friedlander Coplan & Aronoff LLP
  • USA
  • July 6 2017

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from

Mandatory Employee Arbitration Split To Be Heard By Supreme Court
  • Husch Blackwell LLP
  • USA
  • January 25 2017

Earlier this month the United States Supreme Court decided to hear three cases which will resolve the split between various Courts of Appeals

Second Circuit Reluctantly Maintains Status Quo on Class Waiver Provisions, But Hints at Future Change in Law
  • Husch Blackwell LLP
  • USA
  • September 12 2016

On September 2, the Second Circuit Court of Appeals issued its decision in Patterson v. Raymour’s Furniture Co., the most recent case in what has

Judge Rakoff Stays Antitrust Action Against Uber Pending Appeal Over Arbitrability
  • Steptoe & Johnson LLP
  • USA
  • August 26 2016

As part of the ongoing Uber antitrust litigation, Judge Rakoff granted today the defendants’ request to stay the proceeding pending an interlocutory