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Arbitration Law FAQ: Chapter 1 of the Federal Arbitration Act
March 15, 2019
The Federal Arbitration Act is a federal statute enacted in 1925 that makes certain (but not all) arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. It was originally, and for many years, known as the “United States Arbitration Act,” but for simplicity’s sake we’ll refer to it as the “Federal Arbitration Act,” the “FAA,” or the “Act.” It was passed at a time...
March 15, 2019
The Federal Arbitration Act is a federal statute enacted in 1925 that makes certain (but not all) arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. It was originally, and for many years, known as the “United States Arbitration Act,” but for simplicity’s sake we’ll refer to it as the “Federal Arbitration Act,” the “FAA,” or the “Act.” It was passed at a time...
SEC Issues No-Action Letter Over Shareholder’s Mandatory Arbitration Proposal
March 14, 2019
A division of the United States Securities and Exchange Commission (“SEC”) has issued a no-action letterstating...
March 14, 2019
A division of the United States Securities and Exchange Commission (“SEC”) has issued a no-action letterstating...
A Tale of Two Arbitration Waivers: HTC Corporation v. Telefonaktiebolaget LM Ericsson
March 13, 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. In subsequent motions to compel arbitration, the Eastern District of Texas first held that Ericsson did not waive its right to arbitrate certain claims filed against the company but later held HTC waived its right to arbitrate Ericsson’s counterclaims. The dispute...
March 13, 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. In subsequent motions to compel arbitration, the Eastern District of Texas first held that Ericsson did not waive its right to arbitrate certain claims filed against the company but later held HTC waived its right to arbitrate Ericsson’s counterclaims. The dispute...
Houston COA Affirms Arbitration Award in Roofing Dispute
March 12, 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. In Purse v. DeJesus, No. 01-17-00855-CV (Tex. App. – Houston [1st], January 17, 2019), a roofing professional, DeJesus, entered into a contract with a Texas homeowner, Purse, to replace the homeowner’s roof. The parties’ roofing contract contained an arbitration clause. After...
March 12, 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. In Purse v. DeJesus, No. 01-17-00855-CV (Tex. App. – Houston [1st], January 17, 2019), a roofing professional, DeJesus, entered into a contract with a Texas homeowner, Purse, to replace the homeowner’s roof. The parties’ roofing contract contained an arbitration clause. After...
Henry Schein and the Patent Eligibility Statute
March 11, 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). In the article, the authors argue the United States Supreme Court has interpreted the patent eligibility statute in an unconstitutional manner by allowing judicial exceptions to patent eligibility beyond those specifically included...
March 11, 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). In the article, the authors argue the United States Supreme Court has interpreted the patent eligibility statute in an unconstitutional manner by allowing judicial exceptions to patent eligibility beyond those specifically included...
Gamblers Like Their Odds at MIT Sports Analytics Conference
March 10, 2019
In the early years of the MIT Sloan Sports Analytics Conference, a couple hundred math whizzes gathered on the school's campus hoping for a breakthrough that would make them the next Bill James. As the event and the field grew, they aspired to professional front office jobs, like Theo Epstein or Daryl Morey. Now the revered names at the cavernous convention center in Boston's Back Bay are people like sports bettor-turned Dallas Mavericks number-cruncher Haralabos Voulgaris and other current...
March 10, 2019
In the early years of the MIT Sloan Sports Analytics Conference, a couple hundred math whizzes gathered on the school's campus hoping for a breakthrough that would make them the next Bill James. As the event and the field grew, they aspired to professional front office jobs, like Theo Epstein or Daryl Morey. Now the revered names at the cavernous convention center in Boston's Back Bay are people like sports bettor-turned Dallas Mavericks number-cruncher Haralabos Voulgaris and other current...
5 Habits to Develop Mental Toughness
March 9, 2019
Let’s talk mental toughness. Three questions: 1. Is it an essential quality of an effective lawyer? A recent series of books...
March 9, 2019
Let’s talk mental toughness. Three questions: 1. Is it an essential quality of an effective lawyer? A recent series of books...
Finding Light in Arbitration’s Dark Shadow
March 8, 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). In her essay, Professor Iannarone discusses the public availability of arbitration decisions arising out of the Financial...
March 8, 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). In her essay, Professor Iannarone discusses the public availability of arbitration decisions arising out of the Financial...
Fifth Circuit Holds Employers Are Not Required to Notify Workers Who Signed Individual Arbitration Agreements of Pending FLSA Class Litigation
March 7, 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 actioncase. In a case titled In re: JPMorgan Chase & Co., No. 18-20825 (5th Cir., February 21, 2019), a group of Chase employees filed...
March 7, 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 actioncase. In a case titled In re: JPMorgan Chase & Co., No. 18-20825 (5th Cir., February 21, 2019), a group of Chase employees filed...
Notice of Employee Arbitration Clauses
March 6, 2019
I just blogged about a case in which failure to keep proper records meant there wasn't enough proof of agreement to the arbitration clause, and here's another one out of Texas, Stagg Restaurants, LLC v. Serra, No. 04-18-00527-CV. Stagg tried to compel arbitration, but the employee denied ever receiving notice of the clause or the agreement it was contained in. There was no signature on that particular agreement and none of Stagg's records indicated that it had ever been provided to the employee,...
March 6, 2019
I just blogged about a case in which failure to keep proper records meant there wasn't enough proof of agreement to the arbitration clause, and here's another one out of Texas, Stagg Restaurants, LLC v. Serra, No. 04-18-00527-CV. Stagg tried to compel arbitration, but the employee denied ever receiving notice of the clause or the agreement it was contained in. There was no signature on that particular agreement and none of Stagg's records indicated that it had ever been provided to the employee,...
