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General counsel update
  • Herbert Smith Freehills LLP
  • Singapore, United Kingdom, USA, China, European Union, Germany, Hong Kong, Indonesia, Mongolia
  • July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

The California Court of Appeal disagrees with the U.S. Supreme Court on the enforceability of arbitration agreements
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 2 2011

In Sanchez v. Valencia Holding Company, LLC, --- Cal.Rptr.3d ----, 2011 WL 5027488 (Cal.App. 2 Dist. Oct. 24, 2011), the California Court of Appeal attempts an end run around the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011

Employers should take a hard look at arbitration
  • Foley & Lardner LLP
  • USA
  • October 24 2011

As evidenced by some recent federal court decisions, employers should be carefully considering the benefits of implementing mandatory arbitration provisions, which include waivers of the right to bring a class action, for all employment-related claims

Break out those arbitration agreements: United States Supreme Court issues another pro-arbitration decision
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • October 13 2011

As described in the August 2010 Employment Law Update, the United States Supreme Court last year held in Stolt- Nielsen v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010), that parties could not be compelled to submit class antitrust claims to class arbitration when the arbitration clauses in their agreements were silent on the question of class arbitration

The future of employment arbitration agreements the legacy of AT&T Mobility LLC v. Concepcion
  • Epstein Becker Green
  • USA
  • June 9 2011

Employment litigation is growing at a rate far greater than litigation in general

Whether to institute a pre-dispute arbitration policy waiving class & collective action claims in the wake of AT&T Mobility LLC v. Concepcion
  • Seyfarth Shaw LLP
  • USA
  • May 18 2011

The United States Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion , upholding a class action waiver in a consumer contract, has refocused the attention of employers on the efficacy of requiring all employees to enter into pre-dispute arbitration agreements covering all employment-related claims

Supreme Court holds that class arbitration waivers are enforceable under the FAA
  • Hunton & Williams LLP
  • USA
  • May 16 2011

On April 27, the U.S. Supreme Court decided that the Federal Arbitration Act (“FAA”) preempts rules created by states, such as California, that classify most class action arbitration waivers in consumer contracts as unconscionable

Can employers opt out of class actions?
  • Dentons
  • USA
  • May 12 2011

By a 5-4 vote, last month's U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion requires arbitration agreements to be enforced according to their terms, even if those terms prohibit class action arbitrations

AT&T Mobility LLC v. Concepcion -- (more) good news for employers?
  • Foley & Lardner LLP
  • USA
  • May 10 2011

The Supreme Court, led by Chief Justice John Roberts, continues to render decisions favorable to employers and continues to beat back attempts led largely by plaintiffs' attorneys and consumer activists to limit the use of mandatory arbitration as an alternative to civil litigation in court

Is there an end in sight to wagehour and other class actions against employers?
  • Mitchell Silberberg & Knupp LLP
  • USA
  • May 5 2011

On April 27, 2011, the U.. Supreme Court inAT&T Mobility v. Concepcion held that the Federal Arbitration Act ("FAA") preempts a California Supreme Court rule frequently used by California courts to prohibit class action waivers in consumer arbitration agreements