Holly H Weiss

July 12, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss a recent case that serves as a good example of sound U.S. judicial discretion in dealing with foreign arbitration awards.

By Samuel Estreicher and Holly H. Weiss

4 minute read

May 17, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss the recent Supreme Court decision in 'Lamps Plus', which sends a strong signal that courts cannot order class arbitration absent an affirmative contractual basis for doing so.

By Samuel Estreicher and Holly H. Weiss

5 minute read

March 15, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.

By Samuel Estreicher and Holly H. Weiss

7 minute read

November 16, 2018 | New York Law Journal

In April 2018, New York state enacted an anti-sexual harassment law with various requirements for employers. Six months later, the New York State Department of Labor issued guidance, including model documents and Frequently Asked Questions (FAQs), to assist employers in complying with the new statutory requirements. This column addresses the likely impact of these requirements and prohibitions on employers in New York.

By Samuel Estreicher and Holly H. Weiss

5 minute read

July 13, 2018 | New York Law Journal

Samuel Estreicher and Holly H. Weiss analyze 'Jock v. Sterling Jewelers,' a case pending in the Second Circuit, in this Arbitration column.

By Samuel Estreicher and Holly H. Weiss

5 minute read

May 31, 2018 | New York Law Journal

On May 21, the Supreme Court handed down its highly anticipated decision in Epic Systems v. Lewis, 584 U.S. ___ (2018). The court, in a 5-4 decision, upheld arbitration agreements that waive employees' rights to bring class arbitration against their employers.

By Samuel Estreicher and Holly H. Weiss

5 minute read

March 16, 2018 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.

By Samuel Estreicher and Holly H. Weiss

6 minute read

October 19, 2017 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss cases recently argued before the U.S. Supreme Court that, at their core, concern how two federal statutes—the FAA and the NLRA—interact and raise the basic question of whether the NLRB has authority to regulate arbitration agreements in the nonunion sector.

By Samuel Estreicher and Holly H. Weiss

6 minute read

July 20, 2017 | New York Law Journal

Arbitration columnists Samuel Estreicher and Holly H. Weiss review a recent Southern District decision where the court departed from a recent trend of enforcing "clickwrap" agreements by declining to enforce the arbitration provision contained within Lyft's "clickwrap" agreement but nonetheless compelling arbitration based on Lyft's subsequent "scrollwrap" agreement.

By Samuel Estreicher and Holly H. Weiss

14 minute read

May 15, 2017 | New York Law Journal

Arbitration columnists Samuel Estreicher and Holly H. Weiss write that "clickwrap" agreements have been enforced by the courts, while "browsewrap" have encountered greater resistance. Next up in the Second Circuit are "sign-in wrap" agreements, where the user is notified of the existence of the terms and conditions when signing in or logging on, but does not have to affirmatively agree to the terms and conditions.

By Samuel Estreicher and Holly H. Weiss

11 minute read