“This Week at the Ninth: Class Waiver and FINRA”

The Ninth Circuit’s decision in LAVER v. CREDIT SUISSE SECURITIES (USA), LLC is the subject of this article by Samuel Goldstein and Adam Sorensen at Morrison & Foerster LLP, which describes the ruling as “handing an important victory to banks by declaring FINRA rules against compelled arbitration don’t bar enforcement of class waivers.”

“Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged”

R. Zachary Torres-Fowler of Troutman Pepper discusses the court’s recent decision in MZM Construction Company, Inc. v. New Jersey Building Laborers Statewide Benefits Funds in this article published in JD Supra.

“S.D.N.Y. Affirms Arbitration Award Over Challenge to Impartiality of Arbitrator”

The subject of the arbitrator’s prior relationships with one of the parties is the subject of this article by Nora Valenza-Frost of Carlton Fields, discussing the decision in Schuyler Line Navigation Co., LLC v. KPI Bridge Oil, Inc., 1:20-cv-02772 (S.D.N.Y. Sept. 2, 2020).

“Ex-Nixon Peabody Partners Must Arbitrate Clawback Dispute, Judge Rules”

Dan Packel, of The American Lawyer, has authored this article discussing the ongoing dispute between the firm and five former partners. The New York court has held that the issue of whether the dispute must be arbitrated in light of an uncompleted mediation is one for the arbitrator, not the court. Our previous discussion ofContinue reading ““Ex-Nixon Peabody Partners Must Arbitrate Clawback Dispute, Judge Rules””

Ninth Circuit: Court Decides Threshold Arbitration Issue Absent Clear And Unmistakable Evidence

Julia Farrell and Kaytlin Kopen of Husch Blackwell LLP have authored this article in JD Supra, discussing the Ninth Circuit’s recent decision in SEIU Local 121RN v. Los Robles Regional Medical Center, in which the court held “that the power to decide whether a grievance is arbitrable in labor cases resides with the federal courtContinue reading “Ninth Circuit: Court Decides Threshold Arbitration Issue Absent Clear And Unmistakable Evidence”