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Fifth Circuit Holds That the Company in Class Action Waived Its Right to Arbitrate Because of Litigation Conduct
  • Baker & Hostetler LLP
  • USA
  • December 4 2018

The standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the


Another bill aimed at employee arbitration agreements - this time to nullify Epic Systems
  • Baker & Hostetler LLP
  • USA
  • November 6 2018

On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice


Tenth Circuit Refers Au Pairs’ Class Claims to Arbitration
  • Baker & Hostetler LLP
  • USA
  • November 5 2018

The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of litigation, some opinions can be explained


Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the Court - Herrington v. Waterstone Mortgage Corp.
  • Baker & Hostetler LLP
  • USA
  • October 25 2018

We didn't expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these


The BakerHostetler Quarterly New York Employment Law Newsletter
  • Baker & Hostetler LLP
  • USA
  • October 5 2018

The Equal Opportunity Employment Commission (EEOC) has announced that sexual harassment filings have increased with the federal agency...


O’Connor v. Uber: The Ninth Circuit Unravels the Class Certification Orders in Appeals From Four Related Actions
  • Baker & Hostetler LLP
  • USA
  • September 27 2018

In O’Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen’s rulings, reversed the denial


The Legality of Class Action Waivers in Arbitration Agreements - SCOTUS Finally Speaks
  • Baker & Hostetler LLP
  • USA
  • May 21 2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now


Supreme Court Upholds Legality of Class Action Waivers in Arbitration Agreements in the Employment Context
  • Baker & Hostetler LLP
  • USA
  • May 21 2018

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now


Gutierrez v. Wells-Fargo Bank - Eleventh Circuit Sheds More Light on Waiver of Arbitration Rights in Putative Class Setting
  • Baker & Hostetler LLP
  • USA
  • May 15 2018

Whether a defendant has waived its right to arbitrate as to unnamed class plaintiffs has been a troubling issue. Some courts base their analysis on


Eleventh Circuit Sides with Wells Fargo on Post-Class Certification Motion to Compel Arbitration
  • Baker & Hostetler LLP
  • USA
  • May 14 2018

Wells Fargo achieved a significant victory on Thursday in decade-old litigation over allegedly unlawful overdraft fees when the Eleventh Circuit held