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Scary Results if Employers Overreach in Arbitration Clauses
November 19, 2013
No haunted house can scare general counsel as much as an opinion invalidating their company’s arbitration clause and thereby...
November 19, 2013
No haunted house can scare general counsel as much as an opinion invalidating their company’s arbitration clause and thereby...
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
November 19, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit. In Scudiero v. Radio One of Texas II, L.L.C., No. 13-20114, (5th Cir., October 24, 2013), Vince Scudiero and Christel Thornton filed a lawsuit in federal court against their employer, Radio One of Texas II, L.L.C. (“Radio One”), alleging race discrimination and retaliation against Scudiero...
November 19, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit. In Scudiero v. Radio One of Texas II, L.L.C., No. 13-20114, (5th Cir., October 24, 2013), Vince Scudiero and Christel Thornton filed a lawsuit in federal court against their employer, Radio One of Texas II, L.L.C. (“Radio One”), alleging race discrimination and retaliation against Scudiero...
Regulation of Dispute Resolution in the United States of America
November 19, 2013
Carrie Menkel-Meadow, Professor of Law at the Georgetown University Law Center and Chancellor’s Professor of Law At the University of California Irvine School of Law, has published “Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’” inRegulating Dispute Resolution: ADR and Access to Justice at the Crossroads, Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie Menkel-Meadow, eds., Hart, 2013. ...
November 19, 2013
Carrie Menkel-Meadow, Professor of Law at the Georgetown University Law Center and Chancellor’s Professor of Law At the University of California Irvine School of Law, has published “Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’” inRegulating Dispute Resolution: ADR and Access to Justice at the Crossroads, Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie Menkel-Meadow, eds., Hart, 2013. ...
Third Circuit Says Delaware Can’t Have Secret Arbitrations By Judges
November 18, 2013
The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware courts decided to provide arbitration. The state amended its laws to create an arbitration process that was only open to disputes worth more than a million dollars with at least one party being a business incorporated in Delaware (and no party being a consumer). The parties...
November 18, 2013
The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware courts decided to provide arbitration. The state amended its laws to create an arbitration process that was only open to disputes worth more than a million dollars with at least one party being a business incorporated in Delaware (and no party being a consumer). The parties...
In Practice: Harsh Class Arbitration Waivers Still Unconscionable
November 18, 2013
Since the U.S. Supreme Court handed down its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempts California's rule that invalidates arbitration agreements in which the parties waive the right to class-wide proceedings, courts in California have wrestled with applying Concepcion in the employment context, with confusing and often conflicting results for employers. It's not too surprising, then, that the California Supreme Court granted review last...
November 18, 2013
Since the U.S. Supreme Court handed down its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempts California's rule that invalidates arbitration agreements in which the parties waive the right to class-wide proceedings, courts in California have wrestled with applying Concepcion in the employment context, with confusing and often conflicting results for employers. It's not too surprising, then, that the California Supreme Court granted review last...
Manifest Disregard
November 18, 2013
Thanks to Jon Harkavy for sending us the unpublished Fourth Circuit case of Dewan v. Walia. It's one of the extraordinarily rare cases in which a court has overturned an arbitration award for manifest disregard of the law. * * * Objectively viewed, the language of the Release could not be more expansive, clear, or unambiguous. The plain language of the Release fatally undermines the suggestion that Walia retained the right to bring any of his counterclaims in arbitration. The Release waived...
November 18, 2013
Thanks to Jon Harkavy for sending us the unpublished Fourth Circuit case of Dewan v. Walia. It's one of the extraordinarily rare cases in which a court has overturned an arbitration award for manifest disregard of the law. * * * Objectively viewed, the language of the Release could not be more expansive, clear, or unambiguous. The plain language of the Release fatally undermines the suggestion that Walia retained the right to bring any of his counterclaims in arbitration. The Release waived...
The Changing State of Employment Arbitration
November 18, 2013
AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), set substantial restrictions on state laws limiting the enforceability of arbitration agreements governed by the Federal Arbitration Act. Since then, the U.S. Supreme Court has carried on removing obstacles to arbitration imposed by lower courts, and California courts have begun addressing whether judicially-created impediments to arbitration survive Concepcion. This year in California, arbitration law saw the continuing consequences ofConcepcion,...
November 18, 2013
AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), set substantial restrictions on state laws limiting the enforceability of arbitration agreements governed by the Federal Arbitration Act. Since then, the U.S. Supreme Court has carried on removing obstacles to arbitration imposed by lower courts, and California courts have begun addressing whether judicially-created impediments to arbitration survive Concepcion. This year in California, arbitration law saw the continuing consequences ofConcepcion,...
Ninth Circuit Affirms Order Certifying Meal Period Class
November 18, 2013
Abdullah v. U.S. Security Associates, Inc., ___ F.3d ___ (9th Cir. 9/27/13), is the first Ninth Circuit case that I'm aware of dealing with certification of meal or rest period claims in the wake of Brinker v. Superior Court. The putative class members in Abdullah were security guards, the vast majority of whom worked alone, with no other guards on duty at the same time. The employer, USAA, required them to sign "on duty" meal period agreements as a condition of employment. Slip op. at 4-6....
November 18, 2013
Abdullah v. U.S. Security Associates, Inc., ___ F.3d ___ (9th Cir. 9/27/13), is the first Ninth Circuit case that I'm aware of dealing with certification of meal or rest period claims in the wake of Brinker v. Superior Court. The putative class members in Abdullah were security guards, the vast majority of whom worked alone, with no other guards on duty at the same time. The employer, USAA, required them to sign "on duty" meal period agreements as a condition of employment. Slip op. at 4-6....
10 Quick LinkedIn Tips and Strategies to Optimize Your Profile and Use
November 17, 2013
So, here are 10 LinkedIn tips to quickly optimize your profile and your reach, and to make the time spent there more meaningful and rewarding. Use a LinkedIn Email Signature – Include a link to your LinkedIn profile in your email signature or create uniqueHTML version here. (Login to your LInkedIn account first.) Website integration – Use LinkedIn plugins on the “About” page on your website or blog. Be creative with your headlines – Use your alloted 120 characters creatively....
November 17, 2013
So, here are 10 LinkedIn tips to quickly optimize your profile and your reach, and to make the time spent there more meaningful and rewarding. Use a LinkedIn Email Signature – Include a link to your LinkedIn profile in your email signature or create uniqueHTML version here. (Login to your LInkedIn account first.) Website integration – Use LinkedIn plugins on the “About” page on your website or blog. Be creative with your headlines – Use your alloted 120 characters creatively....
Google+ Gets a Google-Sized Series of Updates
November 17, 2013
Google aims to revolutionize photography and the way its users tell their stories. At least, that’s what we learned in the “A Morning With Google+” event that broadcast live from Google studios. No longer a ghost town With over 500 million users, Google+ is where the action is moving. If you’re not on board, you’re missing the train.
November 17, 2013
Google aims to revolutionize photography and the way its users tell their stories. At least, that’s what we learned in the “A Morning With Google+” event that broadcast live from Google studios. No longer a ghost town With over 500 million users, Google+ is where the action is moving. If you’re not on board, you’re missing the train.
