Category Archives: Uncategorized

Dena Stoddard and Richard Waddington of Chandler law tackle the pros and cons, as well as the enforceability, of arbitration clauses in law firm retainer agreements, in this article, available at JD Supra.

Arbitration is intended to be private. Unlike a court trial, arbitration occurs in a conference room, with no right of the public to enter. Privacy, however, is different than confidentiality. Unless the parties have an agreement specifically providing that they cannot discuss what transpired, or publicly distribute the transcript or exhibits generated during the arbitration,Continue reading ““You Might Think Your Arbitration Is Confidential…But, In Delaware, The Court Will Decide””

JD Supra has published this article, submitted by Orrick, Herrington, discussing the decision by the Western District of North Carolina in Granados v. LendingTree, LLC, holding that an a LendingTree customer, allegedly victimized by a cyber attack, must arbitrate his claims against the company. Upholding the recommendation of a Magistrate Judge, the court held thatContinue reading ““District Court upholds arbitration in website terms of use””

Melissa (Osipoff) Camire and Henry Thomson-Smith, of Fisher Phillips, have provided this article, discussing a pair of decisions issued by Judge Paul Engelmayer, who sits on the Southern District of New York. Addressing the recently enacted EFAA, which amended the Federal Arbitration Act by prohibiting employers from unilaterally enforcing arbitration agreement for disputes alleging sexualContinue reading ““New York Federal Court Allows Workers to Dodge Arbitration for Claims Brought With Sexual Harassment Case””

The recent New Jersey Appellate Division’s decision in Strickland v. Foulke Management Corp. raises an interesting question of whether parties can contractually expand the scope of judicial review of an arbitration award beyond the minimal requirements of the Federal Arbitration Act (FAA). In Strickland, the plaintiffs purchased a car, with documents that provided for arbitration,Continue reading “Attempts To Contractually Alter Statutory Arbitration Rights And Limitations May Not Be Successful”

Here’s an interesting take on the optimal size for an arbitration panel, at least in certain cases. This article by Gregory Parent of Miles Mediation & Arbitration, available at JD Supra, advocates for a two person panel as offering cost and time savings over the traditional multi-member panel of three, while suggesting that the panel’sContinue reading ““The Case for a Two-Arbitrator Panel””

The California appellate decision in Vaughn v. Tesla Inc. is discussed by Joanne Deschenaux in this article found in SHRM. An employer hired workers who commenced their engagement through a staffing agency and, in connection with their new role as company employees, obtained their agreement to arbitrate disputes “arising from or relating to your employment.”Continue reading ““Workers Did Not Have to Arbitrate Claims Arising Before They Signed Arbitration Agreements””

Kersten Kortbawi of Greenbaum Rowe has authored this informative article, discussing the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services, Inc. Attorney Kortbawi posits that the court’s decision “fundamentally reshapes the interpretation of arbitration clauses in commercial contracts.” Specifically, the court made a meaningful U-turn from a 2014 NewContinue reading “Another Cautionary Tale For Those Drafting Arbitration Provisions”

In certain cases, a court may order a non-party to arbitrate a dispute when they are knowingly seeking to exploit the benefits of an agreement containing an arbitration clause. This is because the court recognizes that the non-party is aware of the provisions in such contracts and has chosen to take advantage of them. AContinue reading ““Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions””

As discussed in this Lexology article by Ian Faria and Sydney Warren of Bradley Arant, the Texas Supreme Court has held that non-signatory minor children of a home purchaser are subject to the provisions of an arbitration agreement entered into between the purchaser and the home builder. Quoting the decision, the article notes the court’sContinue reading ““It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents””