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Arbitration
Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement
September 16, 2014
Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer’s obligation to arbitrate disputes with a customer under FINRA Rule 12200. The Court of Appeals, in a single opinion, resolved two cases: Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014)...
September 16, 2014
Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer’s obligation to arbitrate disputes with a customer under FINRA Rule 12200. The Court of Appeals, in a single opinion, resolved two cases: Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014)...
Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable
September 15, 2014
In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the Cheyenne River Sioux Tribe (“Tribe”) in South Dakota “because the arbitral mechanism specified in the agreement is illusory.” Jackson v. Payday Financial, LLC, __ F.3d __, 2014 WL 4116804 (7th Cir. Aug. 22, 2014). The plaintiffs had each borrowed money through a website...
September 15, 2014
In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the Cheyenne River Sioux Tribe (“Tribe”) in South Dakota “because the arbitral mechanism specified in the agreement is illusory.” Jackson v. Payday Financial, LLC, __ F.3d __, 2014 WL 4116804 (7th Cir. Aug. 22, 2014). The plaintiffs had each borrowed money through a website...
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two)
September 12, 2014
Concerns with Med-Arb The two most important concerns with med-arb are the inherent potential for “coercion” and the risk...
September 12, 2014
Concerns with Med-Arb The two most important concerns with med-arb are the inherent potential for “coercion” and the risk...
NAA Approves Standards for Arbitrators in Employment Arbitration Proceedings
September 11, 2014
The Board of Governors of the National Academy of Arbitrators has approved a set of Guidelines for professional standards for arbitrators in mandatory employment arbitration proceedings. The Guidelines were developed over a two year period by a special Academy committee of a dozen members. The committee was chaired by Professor Theodore J. St. Antoine. From a review, you will see that the Guidelines improve upon current arbitration rules and ethical standards for mandatory employment arbitration...
September 11, 2014
The Board of Governors of the National Academy of Arbitrators has approved a set of Guidelines for professional standards for arbitrators in mandatory employment arbitration proceedings. The Guidelines were developed over a two year period by a special Academy committee of a dozen members. The committee was chaired by Professor Theodore J. St. Antoine. From a review, you will see that the Guidelines improve upon current arbitration rules and ethical standards for mandatory employment arbitration...
Harkavy on American Express Co. v. Italian Colors Restaurant & Title VII
September 9, 2014
Jonathan Ross Harkavy has posted Class Action Waivers in Title VII Cases after Italian Colors: Sidestepping the Individual...
September 9, 2014
Jonathan Ross Harkavy has posted Class Action Waivers in Title VII Cases after Italian Colors: Sidestepping the Individual...
Don’t Call It a “Trial”: What Litigators Should Know About Arbitration
September 8, 2014
Though the demand for arbitration may ebb and wane, it will likely grow substantially over the next decade. International trade will continue to expand. foreign companies fear our courts, and we fear theirs. Even some domestic companies distrust certain jurisdictions in the United States and, thus, bargain for arbitration. Privacy concerns will continue to draw many contracting companies under the blanket of a confidential proceeding. And parties to disputes involving a high degree of complexity...
September 8, 2014
Though the demand for arbitration may ebb and wane, it will likely grow substantially over the next decade. International trade will continue to expand. foreign companies fear our courts, and we fear theirs. Even some domestic companies distrust certain jurisdictions in the United States and, thus, bargain for arbitration. Privacy concerns will continue to draw many contracting companies under the blanket of a confidential proceeding. And parties to disputes involving a high degree of complexity...
Chevron in Ecuador: Forum Shopper’s Revenge
September 2, 2014
When Ecuadorean plaintiffs first sued Chevron Corporation over oil pollution 21 years ago, R. Hewitt Pate was a recent U.S. Supreme Court clerk reviewing documents in the warehouses of Virginia. With the passage of time, antitrust document review became the province of humble contract attorneys. Pate ascended to Chevron general counsel. And the Ecuador case kept going, and going, shifting at Chevron's behest from courts in the United States to Ecuador and then back. There was no doubt that Chevron...
September 2, 2014
When Ecuadorean plaintiffs first sued Chevron Corporation over oil pollution 21 years ago, R. Hewitt Pate was a recent U.S. Supreme Court clerk reviewing documents in the warehouses of Virginia. With the passage of time, antitrust document review became the province of humble contract attorneys. Pate ascended to Chevron general counsel. And the Ecuador case kept going, and going, shifting at Chevron's behest from courts in the United States to Ecuador and then back. There was no doubt that Chevron...
Eighth Circuit Decision Regarding the Arbitration of Internal Trust Disputes
September 1, 2014
The Eighth Circuit Court of Appeals rendered a decision in Brown v. Brown-Thill that deals with the arbitration of various...
September 1, 2014
The Eighth Circuit Court of Appeals rendered a decision in Brown v. Brown-Thill that deals with the arbitration of various...
At the NLRB, Every Day Is Labor Day
September 1, 2014
For many Americans, Labor Day means hanging out by the pool, hitting up some holiday sales, having a barbecue or heading...
September 1, 2014
For many Americans, Labor Day means hanging out by the pool, hitting up some holiday sales, having a barbecue or heading...
Binding the United States to Arbitrate?
August 29, 2014
False Claims Act suits come in two flavors – those brought by “relators” on behalf of the United States to recover for harm caused by false or fraudulent submission of claims to the government and retaliation suits seeking damages as the result of adverse employment actions resulting from plaintiff’s whistleblowing activity. 31 U.S.C. § 3730(h)(1). Of course, relators are typically, although not always, employees of the defendant since such persons are usually best positioned to know...
August 29, 2014
False Claims Act suits come in two flavors – those brought by “relators” on behalf of the United States to recover for harm caused by false or fraudulent submission of claims to the government and retaliation suits seeking damages as the result of adverse employment actions resulting from plaintiff’s whistleblowing activity. 31 U.S.C. § 3730(h)(1). Of course, relators are typically, although not always, employees of the defendant since such persons are usually best positioned to know...
