Samuel Estreicher

October 31, 2005 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor Law at New York University School of Law and of counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day and teacher of commercial arbitration at Brooklyn Law School, write on the difference (under U.S. law) between substantive and procedural arbitrability questions.

By Samuel Estreicher and Steven C. Bennett

17 minute read

July 13, 2011 | New York Law Journal

Samuel Estreicher, of counsel at Jones Day, and Terri Chase, a partner at the firm, write that SEC Rule 21F's statement of expanded whistleblower protections and implementation of the incentive award program requires companies to reassess their information flow and dispute resolution systems to ensure an environment that is supportive of employee reporting of possible wrongdoing and to ensure that such reports are acted upon promptly and responsibly.

By Samuel Estreicher and Terri Chase

10 minute read

February 01, 2007 | Law.com

RICO is primarily used to thwart organized crime takeovers of labor unions and other legitimate businesses. However, a recent 11th Circuit decision suggests that RICO may have uses for employees suing employers for suppressed wages allegedly caused by violations of federal immigration laws. While such violations are normally the province of government agencies and the justice system, they may now be the subject of damages in private civil suits, write attorneys Samuel Estreicher and Joseph J. Bernasky.

By Samuel Estreicher and Joseph J. Bernasky

18 minute read

September 07, 2010 | New York Law Journal

Corinne Ball, a partner at Jones Day, and Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Jones Day, analyze the recent decision that threatens significantly to hamper the ability of industrial companies - who in better times took on unfunded, non-contractual obligations to retired employees - to restructure their affairs.

By Corinne Ball and Samuel Estreicher

11 minute read

May 04, 2007 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that disqualification of an arbitrator for bias or other impropriety may have profound effects on the conduct of an arbitration proceeding. If disqualification occurs before hearings commence, the process may be disrupted and delayed, but if it occur after an award is rendered, all parties' efforts may be wasted.

By Samuel Estreicher and Steven C. Bennett

12 minute read

July 02, 2004 | New York Law Journal

Samuel Estreicher, Charles L. Denison Professor of Law at New York University School of Law, and Steven C. Bennett, a partner at Jones Day, provide perspective and background on a long-running saga of securities arbitration.

By Samuel Estreicher And Steven C. Bennett

11 minute read

July 17, 2006 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Jones Day in New York, reviews Garcetti v. Ceballos, in which the Supreme Court ruled that public employees are not protected by the First Amendment for "expressions made pursuant to office responsibilities," an important limitation on the scope of freedom of speech in the workplace.

By Samuel Estreicher

16 minute read

July 12, 2007 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, review a case in which the Supreme Court will decide the issue of whether a federal court can enforce a clause in an arbitration agreement that provides for a more expansive review of an arbitration award than is otherwise provided in ��10 and 11 of the Federal Arbitration Act.

By Samuel Estreicher and Steven C. Bennett

15 minute read

February 25, 2002 | New York Law Journal

O ne of the attributes of employment arbitration that makes it an attractive alternative to litigation is its promise of a cost-efficient and relatively quick, yet final, resolution of a dispute.

By Samuel Estreicher And Kenneth J. Turnbull

7 minute read

November 12, 2009 | New York Law Journal

Samuel Estreicher, the Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write: "Consumer banks and parties considering the use of mandatory arbitration provisions and class arbitration waivers should monitor the Supreme Court proceedings in Stolt-Nielsen, which hopefully will provide some clarity in this evolving area of practice. In the interim, however, parties should pay careful attention to the arbitration procedure rules they choose to apply to their agreements, as well as choice of law provisions in their agreements, as both could affect the adjudicating tribunal's approach to mandatory arbitration clauses and class arbitration waivers."

By Samuel Estreicher and Steven C. Bennett

13 minute read