Searching Content indexed under Arbitration & Dispute Resolution by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Choose Your Forum Wisely: Save Your Arbitration Clause From California's Prohibition on Pre-Dispute Waivers of a Plaintiff's Right to Seek Public Injunctive Relief
The U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California's class action bar when it held that the Federal Arbitration Act
United States
26 Aug 2019
The NLRB Holds That Employers May Implement Class Waivers In Response To Class Claims And Discipline Employees Who Refuse To Sign Them
Although good news for employers, Epic Systems left a number of significant questions unanswered.
United States
19 Aug 2019
Sovereign Wealth Funds – Preserving Sovereign Immunity
In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds ("SWFs") should take care to avoid inadvertent or unnecessary waiver
United States
22 Jul 2019
Southern District Of New York Invalidates State Ban On Mandatory Arbitration Of Harassment And Discrimination
On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff's sexual harassment claims finding that the New York State
United States
19 Jul 2019
The Benefits Of The International Commercial Courts Of Paris In French-American Commercial Litigations
On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations.
United States
12 Jul 2019
Privacy And Confidentiality Are Siblings, Not Twins
When asked why they choose to resolve their disputes through international arbitration, parties often identify confidentiality as an important factor.
United States
10 Jul 2019
International Arbitration, Investment Protection And EU State Aid Rules: The General Court Of The EU Annuls The European Commission's State Aid Decision In The Micula Case
In a long-awaited ruling of June 18, 2019, the General Court of the European Union ("GCEU") annulled the European Commission's 2015 State aid decision in the Micula case
European Union
5 Jul 2019
Pursuing Parallel Arbitration Under An Investment Treaty
For various reasons–including fairness, efficiency, and avoiding inconsistent results–courts and arbitration tribunals apply a range of procedural
United States
21 Jun 2019
Did New Jersey Just Try To Ban Employment Arbitration Agreements?
On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination,
10 Apr 2019
A New Front Against Third Party Funding?
Third party funding in international arbitration has garnered a great deal of attention in recent years. Many of those opposed to the practice, or seeking to limit or control it, have been outspoken and engaged in efforts to regulate or abolish the practice.
United States
5 Apr 2019
US Law Allows Discovery For Foreign Proceedings
Fearing the burdens of U.S. court litigation, many foreign companies doing business with American counter-parties insist on forum selection clauses that call for resolution of disputes outside of U.S. courts, ...
United States
5 Apr 2019
The Singapore Convention Allows For Recognition Of Settlement Agreements Made Outside Of Court Or Arbitral Proceedings
On December 20, 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation.
5 Apr 2019
The U.S. Supreme Court Opines On Arbitrability
In the United States, parties may agree in their contract not only to submit future disputes to arbitration but to also submit "arbitrability" questions to an arbitrator.
United States
5 Apr 2019
ICSID 2018 Caseload Reflects Continued Uptick Of Investor-State Arbitrations
The outcomes in the cases remain balanced amongst the investors and States.
United States
3 Apr 2019
New Federal Legislation Seeks To Eliminate Mandatory Arbitration Agreements
While arbitration as a form of alternative dispute resolution has long had a presence in American jurisprudence, a recent Supreme Court decision —coupled with significant cultural trends —have left many employers ...
United States
3 Apr 2019
Balanced Billing In California: Update Regarding 2016's A.B. 72 And An Overview Of Newly Introduced Bill A.B. 1611
Balanced billing or "surprise billing" has been getting increased attention at both the federal and state level.
United States
3 Apr 2019
SCOTUS Holds Independent Contractor Truck Drivers Exempt From Arbitration Under FAA
On January 15, 2019, the Supreme Court issued its decision in New Prime Inc. v. Oliveira, where it decided independent contractor truck drivers cannot be forced into arbitration.
United States
22 Jan 2019
U.S. Supreme Court Rejects "Wholly Groundless" Exception To Delegation Clauses In Arbitration Agreements
On January 8, 2019, the United States Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc. strengthening the enforceability of arbitration "delegation clauses."
United States
16 Jan 2019
#MeToo Changes The Face Of Sexual Harassment Litigation For Employers
With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace.
United States
23 Nov 2018
BIPA Claims Against United Airlines Must Be Arbitrated Due To Collective Bargaining Agreement
Last month a federal district court dismissed a putative class action lawsuit against United Airlines challenging its use of fingerprint scanning timeclocks.
United States
7 Sep 2018
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