Searching Content indexed under Arbitration & Dispute Resolution by Ogletree, Deakins, Nash, Smoak & Stewart ordered by Published Date Descending.
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Illinois Can See Clearly Now: State Legislates Workplace Transparency
Our June 2019 article "discussed four new bills targeting equity, transparency, and discrimination, including the Workplace Transpare
United States
12 Sep 2019
The Beginning Of The End For 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration
In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan's fees...
United States
2 Sep 2019
Fifth Circuit Rules That Courts, Not Arbitrators, Decide "Gateway Issue" Of Class Arbitrability
In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated
United States
15 Aug 2019
Washington State Takes On The Arbitration Of Harassment And Discrimination Claims
Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement.
United States
9 Aug 2019
FAA Preempts New York's Prohibition On Arbitration Of Sexual Harassment Suits
Some of these state statutes attempt to ban or restrict arbitration for sexual harassment claims.
United States
11 Jul 2019
New Jersey Bars Nondisclosure Agreements In All Discrimination Settlements, Purports To Bar Arbitration Agreements
That is, it renders unenforceable nondisclosure provisions in settlement agreements that resolve discrimination-related claims.
United States
28 Mar 2019
Fifth Circuit Rules No Notice Of Collective Actions For Employees With Arbitration Agreements
The U.S. Court of Appeals for the Fifth Circuit Court recently issued an opinion with major implications in In re: JPMorgan Chase & Company that impacts collective actions
United States
20 Mar 2019
Paycheck Fairness Act Advances (Beltway Buzz, March 1, 2019)
On February 26, 2019, the U.S. House Committee on Education and Labor voted, along party lines, to approve the Paycheck Fairness Act (PFA).
United States
11 Mar 2019
California Court Invalidates Arbitration Agreement With PAGA Waiver
In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer's motion to compel arbitration of a former employee's Private Attorneys General Act (PAGA) claims.
United States
28 Jan 2019
Supreme Court Of The United States Upholds Bar To Arbitration For Interstate Driver
On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act
United States
22 Jan 2019
Compass Newsletter Winter 2019
Did you know that the 2018 midterm elections set a record as the first midterm to exceed voter turnout of 100 million people?
United States
18 Jan 2019
Supreme Court Concludes "Wholly Groundless" Exception Is Inconsistent With Federal Arbitration Act
On January 8, 2019, the Supreme Court of the United States decided whether courts may disregard contractual language calling for an arbitrator to decide questions of arbitrability if the argument that the arbitration agreement applies to the particular dispute is "wholly groundless."
United States
16 Jan 2019
2019 Ushers In The 116th Congress (Beltway Buzz, January 4, 2019)
Happy 2019 from Washington, D.C., where January 3 marked the start of the 116th Congress (now under new management).
United States
9 Jan 2019
New Year, New Laws: A Summary Of Workplace Law Changes, Effective January 1, 2019, In Ontario, Alberta, British Columbia, And Quebec
Several changes in labour and employment law have recently been implemented in several Canadian provinces.
United States
9 Jan 2019
Missouri Supreme Court Gives Early Holiday Present To Easter Seals
It's time for our annual holiday season blog on the status of arbitration agreement enforceability in Missouri.
United States
3 Jan 2019
Joint-Employer Update (Beltway Buzz - November 2, 2018)
As a pre-Halloween treat to stakeholders who are preparing written comments on the National Labor Relations Board's (NLRB) proposed joint-employer rule, on October 30, 2018, the NLRB extended by 30 days the comment due date.
United States
9 Nov 2018
Joint-Employer Update (Beltway Buzz, November 2, 2018)
Comments, which were originally due on November 13, 2018, are now due on December 13, 2018. Further, this week NLRB Chairman John F. Ring
United States
8 Nov 2018
Seventh Circuit Joins Sister Circuits In Holding That Courts, Not Arbitrators, Should Decide The Availability Of Class Arbitration
In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States
United States
1 Nov 2018
Arbitration Agreements For Independent Contractors In The Transportation Industry Under Fire
The oral arguments on October 3, 2018, before the Supreme Court of the United States in New Prime, Inc. v. Oliveira have created waves of uncertainty in the transportation industry...
United States
19 Oct 2018
Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration
In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required...
United States
16 Oct 2018
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