March 24, 2017 | New York Law Journal
Is State Law Rule About Power of Attorney Agreements Preempted by the FAA?Arbitration columnists Samuel Estreicher and Holly H. Weiss discuss 'Kindred Nursing Centers Limited Partnership v. Clark,' which presents the U.S. Supreme Court with an opportunity either to reinforce that arbitration agreements are to be enforced to the same extent as other agreements or to take a different tack, permitting state courts to make decisions that limit the enforceability of arbitration agreements, perhaps giving special recognition to the nursing home context and the limits of powers of attorney agreements in that context.
By Samuel Estreicher and Holly H. Weiss
12 minute read
October 11, 2016 | New York Law Journal
'Carlson v. Ailes': When Can A Non-Signatory Compel Arbitration?Arbitration columnists Samuel Estreicher and Holly H. Weiss discuss the sexual harassment lawsuit by Fox News personality Gretchen Carlson in New Jersey state court against Roger Ailes, then chairman and CEO of Fox News, in terms of how the case raised issues regarding the enforcement of arbitration agreements by non-signatories to those agreements.
By Samuel Estreicher and Holly H. Weiss
15 minute read
July 19, 2016 | New York Law Journal
Arbitration Provision Barring Class Action Ruled VoidIn their Arbitration column, Samuel Estreicher and Holly H. Weiss write that in May, the Seventh Circuit issued the first appellate decision to agree with the National Labor Relations Board that §7 of the NLRA bars employers from requiring as a condition of employment that employees agree to an arbitration provision precluding class or collective actions, a decision that sets up a circuit split.
By Samuel Estreicher and Holly H. Weiss
11 minute read
April 04, 2016 | Legaltech News
War on Multiple Fronts: A Holistic Approach to CybersecuritySuccess is adopting a holistic approach to managing threats on multiple fronts.
By Bryn Bowen and Holly H, Weiss, Schulte Roth & Zabel
14 minute read
July 29, 2014 | New York Law Journal
Anti-Arbitration Provisions and Dodd-Frank ActIn their Arbitration column, Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth discuss arbitration developments in light of Dodd-Frank's anti arbitration provisions.
By Samuel Estreicher and Holly H. Weiss
9 minute read
May 05, 2014 | New York Law Journal
Conditions Precedent and Arbitrability—Who Decides?In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss the recent U.S. Supreme Court on the distinction between "substantive" and "procedural" gateway questions to arbitrability in the context of an international dispute.
By Samuel Estreicher and Holly H. Weiss
11 minute read
November 08, 2013 | New York Law Journal
Arbitration Agreements Waiving FLSA Collective ActionsIn their Arbitration column, Samuel Estreicher, a professor at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth, write: The Second Circuit has extended the Supreme Court's pro-arbitration jurisprudence to the labor and employment context through 'Parisi,' 'Sutherland,' and 'Raniere.' Employers and employees can expect courts in this circuit routinely to uphold arbitration agreements that, while they preclude class or collective actions, authorize the arbitrator to apply statutory law and statutory remedies for any violation and do not impose high arbitral forum or arbitrator fees.
By Samuel Estreicher and Holly H. Weiss
11 minute read
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