Samuel Estreicher

November 04, 2004 | New York Law Journal

Samuel Estreicher, the Charles L. Denison Professor of Law at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day and teacher at Brooklyn Law School, write that a domestic arbitration may be considered international where at least one of the parties is not a citizen of the U.S. or where the subject matter of the arbitration has some clear international connection.

By Samuel Estreicher and Steven C. Bennett

12 minute read

July 24, 2006 | Law.com

The Supreme Court decided in Garcetti v. Ceballos, that public employees are not protected by the First Amendment for "expressions made pursuant to office responsibilities."

By Samuel Estreicher

7 minute read

March 02, 2005 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor of Law at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day and teacher of commercial arbitration at Brooklyn Law School, write that, until recently, it had been commonly assumed that registered representatives in the securities industry are required to arbitrate their compensation and other employment disputes under the auspices of the applicable self-regulatory organization.

By Samuel Estreicher And Steven C. Bennett

12 minute read

January 06, 2005 | New York Law Journal

Samuel Estreicher, a Charles L. Denison Professor of Law at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day and teacher of commercial arbitration at Brooklyn Law School, write that, unlike appearance in court proceedings, there is generally no requirement for pro hac vice admission to practice in a foreign jurisdiction, for purposes of conducting an arbitration.

By Samuel Estreicher And Steven C. Bennett

11 minute read

November 05, 2010 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Meir Feder, a partner at Jones Day, write that although Alien Tort Statute claims against corporations first emerged less than 15 years ago, they have become commonplace. Kiobel v. Royal Dutch Petroleum Co. puts a halt to that practice for now, at least in the Second Circuit.

By Samuel Estreicher and Meir Feder

11 minute read

May 31, 2011 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Steven C. Bennett of Jones Day discuss Supreme Court's decision in AT&T Mobility and its prior decision in Stolt-Nielsen which clarify the Court's view of class-arbitration waivers and provide guidance for parties seeking to avoid class-wide arbitration.

By Samuel Estreicher and Steven C. Bennett

12 minute read

June 05, 2006 | 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 the firm and teacher of commercial arbitration at Brooklyn Law School, write that, despite Supreme Court rulings that are decidedly pro-arbitration, the extent to which this jurisprudence applies where plaintiffs attempt to bring classwide arbitration claims in the face of an express class-action waiver provision remains unsettled.

By Samuel Estreicher and Steven C. Bennett

8 minute read

May 18, 2010 | New York Law Journal

Samuel Estreicher, counsel to Jones Day, and Elena J. Voss, an associate at the firm, write that companies utilizing arbitration agreements will need to reevaluate whether an express class action waiver clause is necessary or useful after a recent string of rulings.

By Samuel Estreicher and Elena J. Voss

10 minute read

July 02, 2002 | New York Law Journal

T he Supreme Court of Texas recently strengthened immeasurably an employer`s ability to secure mandatory arbitration from existing employees. In In re Halliburton Company and Brown & Root Energy Services, Relators, 1 the court held that an employer promulgated arbitration program is valid and enforceable as against existing "at-will" employees as long as such employees were notified of the program and voluntarily continued their employment following the date on which the program took effect. Notably, the co

By Samuel Estreicher And Rene M. Johnson

12 minute read

September 29, 2003 | New Jersey Law Journal

On June 23, in Green Tree Financial Corp. v. Bazzle, the U.S. Supreme Court overturned two multimillion-dollar classwide awards, holding that where a mandatory arbitration agreement is silent as to class claims, it is for the arbitrator, not a court, to decide whether the agreement permits arbitration of class claims.

By Rene M. Johnson and Samuel Estreicher

11 minute read