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Archived articles from February 2019
12 articles found
Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm
By Kyle Bailey - February 27, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute.
Fifth Circuit Holds Employers Are Not Required to Notify Workers Who Signed Individual Arbitration Agreements of Pending FLSA Class Litigation
By Beth Graham - February 26, 2019
The United States Court of Appeals for the Fifth Circuit has ruled a federal district court committed error when it ordered JPMorgan Chase Bank to notify thousands of current and former employees who signed an arbitration agreement waiving their right to engage in collective action against the company about a pending class action case.
Henry Schein and the Patent Eligibility Statute
By Beth Graham - February 25, 2019
In January, Sherry Knowles and Anthony Prosser published an intriguing law review article titled “Unconstitutional Application of 35 U.S.C. § 101 by the U.S. Supreme Court,” 18 J. MARSHALL REV. INTELL. PROP. L. 144 (2018).
Tech Giant Google to End Mandatory Arbitration for Employees
By Kyle Bailey and Beth Graham - February 22, 2019
Multinational technology company Google has reportedly announced it will no longer require mandatory arbitration of employee disputes with the company effective March 21, 2019.
SEC Issues No-Action Letter Over Shareholder’s Mandatory Arbitration Proposal
By Beth Graham - February 21, 2019
A division of the United States Securities and Exchange Commission (“SEC”) has issued a no-action letter stating a New Jersey-based company, Johnson & Johnson, may omit a shareholder’s proposal to require mandatory arbitration of shareholder claims and prohibit class arbitration without becoming subject to an Agency enforcement action.
A Tale of Two Arbitration Waivers: HTC Corporation v. Telefonaktiebolaget LM Ericsson
By Kyle Bailey - February 20, 2019
An ongoing legal battle between smartphone manufacturer HTC Corporation and networking and telecommunications company Ericsson offers a case study in the waiver of arbitration rights in the patent context.
Finding Light in Arbitration’s Dark Shadow
By Beth Graham - February 11, 2019
Nicole G. Iannarone, Associate Clinical Professor and Director of the Investor Advocacy Clinic at Georgia State University College of Law, has written “Finding Light in Arbitration's Dark Shadow,” in response to Professor Benjamin P. Edwards’ recent publication titled “Arbitration’s Dark Shadow,” 18 NEV. LAW J. 427 (2018).
Houston COA Affirms Arbitration Award in Roofing Dispute
By Beth Graham - February 7, 2019
The First District Court of Appeals in Houston has affirmed a Harris County district court’s order confirming an arbitration award that was issued in favor of a roofing contractor.
Utah Small Claims Court Begins Pilot ODR Program
By Beth Graham - February 6, 2019
In September, the Supreme Court of Utah authorized the West Valley City Justice Court to implement an online dispute resolution (“ODR”) pilot project for small claims cases.
Fifth Circuit Reverses Arbitrator’s Ruling in Southwest Airlines Labor Dispute
By Beth Graham - February 5, 2019
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines.
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