The number of wage-and-hour lawsuits has skyrocketed in New York federal courts, exceeding already-accelerating national trends.
The lawsuits, brought by workers under the Fair Labor Standards Act, generally claim employers did not pay sufficient wages or overtime, often contending they misclassified workers as exempt from overtime payments.
Among New York's four federal district courts, the largest increases are found in Southern and Eastern districts, according to Federal Judicial Center...
In the wake of a FINRA disciplinary hearing panel decision not to enforce its own rules against broker-dealer Charles Schwab barring class action waivers in customer-broker account agreements because of the Federal Arbitration Act (see my previous blog posts about that decision here and here), investor rights advocates have stepped up their efforts to press the Securities and Exchange Commission to exercise its powers under Dodd-Frank to ban mandatory arbitration.
First, a few weeks ago, SEC...
Below are the questions asked of corporate counsel by the Scheinman Institute on Conflict Resolution at Cornell University, the Straus Institute for Dispute Resolution at Pepperdine University School of Law and the International Institute for Conflict Prevention & Resolution (CPR). The survey was performed in 2011 by phone, by mail, and online.
Q: Has the emphasis on ADR increased or decreased since 1997? How will corporate conflict resolution policies have changed, if at all?
Q: Why do companies...
In a poll conducted by Brian Leiter’s Law School Reports, Alternative Dispute Resolution ranked fourth in terms of what areas of law need more attention from the legal academy in terms of more full-time faculty doing research in the area . The full poll results can be found here. So, blog readers, what do you think? More writing? More hiring? Interesting food for thought….. (Hat tip to Nancy Welsh for sending this along).
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. In Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., No. 12-20256 (5th Cir. Apr. 9, 2013), a video game developer, Timegate Studios, Inc. (“Timegate”), entered into an agreement with a video game publisher, Gamecock Media Group (“Gamecock”) to create a high quality, futuristic military game named “Section...
When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years. However, the last quarter century has seen a dramatic contrary shift in the way the federal courts, especially the U.S. Supreme Court, have interpreted...