By Gary D. Friedman, Esteban Shardonofsky, Linda C. Schoonmaker, and Julia M. Tape
This blog has been updated to slightly modify content.
In a decision that is likely to surprise many employers who have mandatory pre-dispute arbitration programs where they have obtained the unequivocal assent of their employees to arbitrate their disputes, a federal appeals court held
Continue Reading No Signature, No Arbitration: Fifth Circuit Sends Strong Warning to Employers
Presenters: Daniel Hart, Daniel Whang, and Sierra Chinn-Liu
Navigating the complexities of trade secret enforcement often involves more than just traditional litigation. Join us for a compelling webinar in our 2024 Trade Secrets Webinar Series, where our panel of Seyfarth attorneys will delve into the strategic advantages of using alternative dispute resolution (ADR) mechanisms to protect and
Continue Reading Webinar – Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution
By Kimberly Shen and Sam M. Schwartz-Fenwick
Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision highlights the unsettled nature of the law surrounding ERISA arbitration provisions.
It is every
Continue Reading Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are Unenforceable
By Patrick J. Bannon, Daniel C. Whang, Kelly J. Koelker, and Michael E. Steinberg
Seyfarth Synopsis: About the Program – A lot has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and Class Litigation treatise. We are excited to launch our informative webinar
Continue Reading Upcoming Webinar: Time Well Spent Session 4: Arbitration of Wage-Hour Claims
By Romtin Parvaresh and Daniel C. Whang
Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –, 2023 WL 4673469 (9th Cir. 2023), the Court held that last-leg drivers who transport goods within a state are nevertheless
Continue Reading The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration ActBy Linda C. Schoonmaker and Tayte Doddy (Summer Fellow)
Seyfarth Synopsis: Even before the pandemic made in-person work in many industries a thing of the past many employers had stopped requiring that their employees execute employee agreements like non-competition and arbitration agreements with a “wet signature”. Instead, those kind of agreements frequently are acknowledged by the employee electronically. Although the
Continue Reading Seriously? The Second Circuit Makes Life More Difficult For Employers Who Use Electronic Signatures For Agreements With Their Employees
By Patrick J. Bannon, Anthony S. Califano, Molly C. Mooney, and John Ayers-Mann
Seyfarth Synopsis: This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond.
In this article, we consider a factor employers sometimes
Continue Reading Are Arbitration Agreements Fair and Consistent With Company Culture? A Series on Arbitration Agreements
By Nick C. Geannacopulos, Timothy M. Hoppe, and Mark Casciari
Seyfarth Synopsis: The trend-lines describe employment-related litigation in the past 25 years: (1) the emergence of arbitration as a flexible and increasingly legally viable to resolve employment claims; and (2) the dangerous politicization of the judicial selection process in federal and state government. These trends should make
Continue Reading Arbitration And The Increasingly Political Judiciary—Should Employers (And Employees) See Arbitration As The More Neutral Forum?