June 02, 2022 | New York Law Journal
Open Questions After Enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment ActThe new law raises a host of legal, practical, and political questions as to the continuing viability of agreements to arbitrate claims of sexual harassment and assault—and employment disputes more broadly.
By Samuel Estreicher, Rex Heinke and Susan Yorke
7 minute read
October 28, 2021 | New York Law Journal
'Chamber of Commerce v. Bonta': A Temporary Reprieve for California AB 51, Which Prohibits Conditioning Employment on the Waiver of the Right To Litigate?In their Arbitration column, Samuel Estreicher, Rex Heinke and Susan Yorke discuss a case that addressed the question of whether AB 51 (which prohibits employers from conditioning employment on an applicant's waiver of various rights, including the right to litigate) both conflicted with and undermined the objectives of the FAA.
By Samuel Estreicher, Rex Heinke and Susan Yorke
6 minute read
August 03, 2021 | New York Law Journal
Supreme Court To Decide If International Commercial Arbitrations Are 'Foreign or International Tribunals' to Whom U.S. Federal Courts Can Provide Discovery AssistanceIn their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica Weisel discuss a case that will be before the U.S. Supreme Court in the October term, 'Servotronics v. Rolls-Royce PLC', which asks the court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations. In what looks like a simple matter of statutory interpretation—defining the term "tribunal"—the case may shed new light on how the current court approaches traditional interpretive tools.
By Samuel Estreicher, Rex Heinke and Jessica Weisel
8 minute read
May 14, 2021 | New York Law Journal
Are Rideshare Drivers Subject to the Federal Arbitration Act?In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica M. Weisel write: "Since the emergence of the gig economy, courts have struggled to fit workers in such businesses into the traditional framework of employment law. One common issue is whether the Federal Arbitration Act (FAA) applies to drivers who work for rideshare companies, Uber and Lyft."
By Samuel Estreicher, Rex Heinke and Jessica M. Weisel
8 minute read
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