Your search returned 99 results.

Insight
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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

ASAP
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May 27, 2021

Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable

In a matter of first impression, the Fourth Circuit recently held that appellate waivers in arbitration agreements are enforceable as long as the agreement allows an initial review by the district court.

Insight
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April 1, 2021

Federal Court Applies FAA Preemption in Refusing to Enforce New Jersey’s Ban on Mandatory Arbitration of Discrimination, Retaliation and Harassment Claims

As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down.

Insight
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March 29, 2021

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace Violence and Harassment

The Ontario Superior Court of Justice has held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour arbitrator has exclusive jurisdiction to resolve it under s.48(1) of the OLRA.

Insight
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March 25, 2021

Form U5 Defamation Claims on the Rise at FINRA: Be Prepared!

Form U5 defamation cases are on the rise, with a reported 24% increase over the filing period from 2019 to 2020. Firms should take certain proactive steps to fully understand their duties, reduce risk, and avoid costly litigation.

Insight
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February 10, 2021

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.

ASAP
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January 13, 2021

Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations

The Oregon Supreme Court recently held that an arbitrator's award of attorney fees, approved by a court, cannot be categorically limited where a defendant’s offer of judgment exceeds plaintiff’s ultimate recovery at trial.

Insight
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November 19, 2020

A Rare Occurrence: California Court Overturns Arbitrator’s Award

A California court recently took the unprecedented step of applying section 16600 of the state’s Business and Professions Code to void the scope of non-disclosure provisions on confidential information and set aside an arbitration award.

ASAP
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July 31, 2020

EEOC Expands Voluntary Resolution Efforts with Temporary Mediation and Conciliation Pilot Programs

Parties involved with EEOC charges of employment discrimination filed in the past month may notice some new language on the EEOC portal: “For charges filed after July 6, 2020, you may request mediation at any time during the charge process.”

ASAP
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April 1, 2020

If You Want the Benefits of an Arbitration Agreement, Say So

Companies that use third-party staffing vendors should take stock of a recent Fifth Circuit decision applying Texas law, which reinforces that both contract language, and keeping such language up-to-date, is critical for enforcing arbitration provisions.

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