Samuel Estreicher

August 04, 2004 | 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 at Brooklyn Law School,write that securities arbitration was again in the news last week, when Rep. Barney Frank urged hearings to investigate again the fairness to investors of arbitration proceedings before securities industry self regulatory organizations.

By Samuel Estreicher and Steven C. Bennett

8 minute read

August 24, 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 at Brooklyn Law School, write that a recent decision from the Southern District leaves open questions regarding "opt-out" claims under the Fair Labor Standards Act.

By Samuel Estreicher and Steven C. Bennett

9 minute read

June 25, 2010 | New York Law Journal

In their Arbitration column, Samuel Estreicher, counsel to Jones Day, and Steven C. Bennett, a partner at the firm, analyze a case from the Supreme Court's next term that, combined with the Court's ruling in AnimalFeeds, may result in a cutback on the emerging state law jurisprudence that arbitration clauses containing class action waivers run afoul of the unconscionablity doctrine.

By Samuel Estreicher and Steven C. Bennett

9 minute read

November 29, 2005 | New York Law Journal

Samuel Estreicher, Professor at New York University School of Law and of counsel to Jones Day, and Ben Walther, an associate at Jones Day, analyze the recent Supreme Court decision which ruled certain pre- and post-shift activities are integral and indispensable to productive labor and are compensable as part of a continuous workday.

By Samuel Estreicher and Ben Walther

11 minute read

December 20, 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 the firm, write that the Supreme Court of California recently held that, in some situations, waivers of class action litigation or class action arbitration may be unconscionable and unenforceable under California law.

By Samuel Estreicher and Steven C. Bennett

17 minute read

August 13, 2008 | 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 Jones Day, write that the ease with which parties are able to hold closed-door arbitration proceedings may provide a false sense of security. In fact, there is no hard and fast legal rule regarding the confidentiality of arbitration proceedings and related materials (such as pleadings, briefs and transcripts of proceedings), and the scope of confidentiality largely depends on where the proceedings are held, which arbitral body's rules govern, and whether the parties have acted proactively to preserve confidentiality.

By Samuel Estreicher and Steven C. Bennett

9 minute read

November 13, 2008 | 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 the Second Circuit's recent decision in Ross v. American Express, which provides further clarity and guidance as to the application of the doctrine of equitable estoppel to compel arbitration between a signatory to an arbitration agreement and a nonsignatory.

By Samuel Estreicher and Steven C. Bennett

10 minute read

January 04, 2007 | 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, and Steven C. Bennett, a partner at the firm and teacher of commercial arbitration at Brooklyn Law School, write that many companies and employers have begun including express class-action waiver provisions in their predispute arbitration agreements. Not all state courts, however, have been receptive to such provisions. The New Jersey Supreme Court recently weighed in on the issue.

By Samuel Estreicher and Steven C. Bennett

17 minute read

May 09, 2006 | New York Law Journal

Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Jones Day, and Wendy C. Butler, a senior associate at the firm, write that central to the SOX scheme are requirements of enhanced internal controls over financial reporting and significant civil whistleblower protections to encourage corporate insiders to report fraud. The whistleblower provision authorizes agency investigators to order preliminary reinstatement of discharged employees.

By Samuel Estreicher and Wendy C. Butler

14 minute read

October 22, 2008 | 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, and Joseph J. Bernasky, an associate at the firm, write that a recent California ruling is important to practitioners nationwide because it signals a possible beginning to state court receptivity to enhanced judicial review of arbitration awards under state arbitration acts. This makes it all the more important for parties to consider carefully the differences between federal and state laws and among potentially applicable state laws when drafting choice-of-law provisions in an arbitration agreement.

By Samuel Estreicher and Joseph J. Bernasky

13 minute read