Menu
Archived articles from 2016
107 articles found
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
Executive Order Restricts Mandatory Arbitration of Title VII Claims for Some Federal Contractors
By Beth Graham - September 14, 2016
Two years ago, President Obama signed Executive Order 13673 - Fair Pay and Safe Workplaces (“EO 13673”). Section 6 of the order contains a number of pre-dispute arbitration restrictions that will become effective on October 25th of this year.
The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses
By Beth Graham - September 9, 2016
Kristen M. Blankley, Associate Professor and Director of the Robert J. Kutak Center for the Teaching and Study of Applied Ethics at the University of Nebraska College of Law, has published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses,” Creighton Law Review, Vol. 49, No. 4, pp. 743-774, 2016.
Second Circuit Upholds Employment-Related Class-Action Waiver Requiring Individual Arbitration
By Beth Graham - September 7, 2016
On September 2nd, a panel for the Second Circuit Court of Appeals ruled in a summary order that an employer’s mandatory class action waiver requiring workers to engage in individual arbitration is enforceable and does not violate the National Labor Relations Act (“NLRA”).
Affiliation Bias in Arbitration: An Experimental Approach
By Beth Graham - September 2, 2016
Sergio Puig, Associate Professor at the University of Arizona James E. Rogers College of Law, and Anton Strezhnev, PhD candidate in the Department of Government at Harvard University, have published a thought-provoking article entitled “Affiliation Bias in Arbitration: An Experimental Approach,” Arizona Legal Studies Discussion Paper No. 16-31.
The Arbitrator Survey: Practices, Preferences and Changes on the Horizon
By Beth Graham - August 25, 2016
Edna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences and Changes on the Horizon,” The American Review of International Arbitration, 2015/Vol. 26, No. 4.
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
Update on Attorney/Client Arbitration and Handling Client Disputes
By Beth Graham - August 22, 2016
Texas attorneys who are interested in learning more about how to handle disputes with clients using arbitration are encouraged to tune in to an upcoming Texas Bar CLE live webcast on August 25th from 2-3 pm CST.
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
Regulating Arbitration
By Beth Graham - August 16, 2016
Rutgers Law School Assistant Professor David L. Noll has published “Regulating Arbitration,” California Law Review, Forthcoming.
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy