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New York Law Journal | Analysis
By Samuel Estreicher | October 30, 2019
In this Arbitration column, Samuel Estreicher writes: In view of the Supreme Court's 'Epic Systems' decision, it becomes imperative to take up the challenge of Justice Ruth Bader Ginsburg's dissent and to see if there are ways to capture some of the efficiency gains of employment class actions without compromising the benefits of bilateral arbitration proceeding between the employer and its employee.
By P.J. D'Annunzio | October 28, 2019
A state appellate court has ruled that a nursing home patient who sued for negligence is not bound to an arbitration agreement he knew nothing about.
By Carrie Maylor DiCanio | October 25, 2019
This article discusses five issues that counsel should consider when drafting an arbitration provision and provide insights on how to effectively craft an arbitration clause to enable the efficient and cost-effective resolution of M&A disputes in domestic arbitration.
By Justin J. Santolli and R. David Gallo | October 25, 2019
The Sixth Circuit's decision likely portends an increase in applications pursuant to §1782 seeking discovery in private foreign commercial arbitrations and raises the prospect of the Supreme Court having to resolve the circuit split.
By Alaina Lancaster | October 22, 2019
The U.S. Court of Appeals for the Ninth Circuit ruled that arbitrators must disclose their ownership role in an ADR service if their interest is "sufficiently substantial" and they engage in "nontrivial business dealings" with a party.
By Charles Toutant | October 22, 2019
A New Jersey appeals court has ruled that a contract clause requiring arbitration is waived when a defendant fails to mention it until just before trial.
The Legal Intelligencer | Commentary
By Charles F. Forer | October 21, 2019
Bob knows arbitrators and courts are often squeamish about allowing arbitrating parties to subpoena documents and things from third parties.
By Charles Toutant | October 17, 2019
The New Jersey Supreme Court will decide whether the New Jersey Arbitration Act applies to employees who are exempt from the Federal Arbitration Act.
By Jane Wester | October 17, 2019
Wayfair's terms and conditions were available on its website, and they contained a "detailed, extensive arbitration agreement in clear typeface," Weinstein wrote in his order.
By James P. Baker | October 11, 2019
A series of recent U.S. Supreme Court decisions has established a legal sea change: class action lawsuits are no longer necessary.
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