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Results: 1-10 of 172

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB - The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • August 15 2017

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or


Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
  • Baker & Hostetler LLP
  • USA
  • August 11 2017

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may


Second Circuit Vacates District Court Judgment in Sex Discrimination Case Permitting an Arbitrator to Certify a Class Including Absent Class Members
  • Baker & Hostetler LLP
  • USA
  • July 26 2017

In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower


Revisiting the Enforceability of Class Action Waivers in Consumer Financial Contracts
  • Baker & Hostetler LLP
  • USA
  • July 18 2017

On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) published the final Arbitration Agreements Rule (the rule) that would impact the


DOJ Changes Position in a Class Waiver Case Pending Before the Supreme Court
  • Baker & Hostetler LLP
  • USA
  • June 20 2017

Last Friday, the U.S. Department of Justice (DOJ), in a rare move, changed its position in a class waiver case pending before the U.S. Supreme Court


Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • June 6 2017

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National


Specificity Sometimes Key; Sometimes Not
  • Baker & Hostetler LLP
  • USA
  • June 1 2017

Time spent drafting and negotiating an agreement often pays dividends in assuring that each party gets the benefits they desire through the agreement


NLRB V. Alternative Entertainment, Inc. - Sixth Circuit Joins the Seventh and Ninth Circuits in Rejecting Class Waivers
  • Baker & Hostetler LLP
  • USA
  • June 1 2017

In a strangely timed opinion, the Sixth Circuit has entered the fray over whether class and collective waivers in employee arbitration agreements


Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive
  • Baker & Hostetler LLP
  • USA
  • May 19 2017

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related


Supreme Court Rejects State Rule That Subjects Arbitration Agreements to Higher Standards
  • Baker & Hostetler LLP
  • USA
  • May 16 2017

Some wondered why the U.S. Supreme Court granted certiorari in Kindred Nursing Centers L.P. v. Clark, No. 16-32, and after oral argument on February