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 Clara L. Rademacher and Joshua A. Rodine
Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to do so. Quach
Continue Reading Standard Contract Waiver Analysis Applies to Arbitration Agreements
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 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 Act
By Andrew L. Scroggins and Nicolas A. Lussier
Seyfarth Synopsis: Couriers who transport goods from restaurants and grocers who have connected to consumers via the Postmates app are not “engaged in foreign or interstate commerce,” according to a recent decision by the First Circuit Court of Appeals. As a result, the couriers don’t satisfy the “transportation worker” exception
Continue Reading First Circuit Delivers Win To Companies Hungry To Enforce Mutual Arbitration Agreements With Couriers Who Rarely Cross State Lines