Samuel Estreicher

July 13, 2018 | New York Law Journal

Samuel Estreicher and Holly H. Weiss analyze 'Jock v. Sterling Jewelers,' a case pending in the Second Circuit, in this Arbitration column.

By Samuel Estreicher and Holly H. Weiss

5 minute read

May 31, 2018 | New York Law Journal

On May 21, the Supreme Court handed down its highly anticipated decision in Epic Systems v. Lewis, 584 U.S. ___ (2018). The court, in a 5-4 decision, upheld arbitration agreements that waive employees' rights to bring class arbitration against their employers.

By Samuel Estreicher and Holly H. Weiss

5 minute read

March 16, 2018 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.

By Samuel Estreicher and Holly H. Weiss

6 minute read

January 08, 2018 | New York Law Journal

Samuel Estreicher writes: At this juncture, absent a special treaty, corporations are not suable for violations of international law. The case against the Arab Bank should be dismissed.

By Samuel Estreicher

4 minute read

December 01, 2017 | New York Law Journal

Samuel Estreicher and James Philbin write: Recent disclosures that key employees have engaged in sexually abusive practices towards coworkers and job aspirants raises to the fore serious practical questions for corporate executives and in-house counsel. What should the company do to prepare for and manage crises?

By Samuel Estreicher and James Philbin

10 minute read

October 19, 2017 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss cases recently argued before the U.S. Supreme Court that, at their core, concern how two federal statutes—the FAA and the NLRA—interact and raise the basic question of whether the NLRB has authority to regulate arbitration agreements in the nonunion sector.

By Samuel Estreicher and Holly H. Weiss

6 minute read

July 20, 2017 | New York Law Journal

Arbitration columnists Samuel Estreicher and Holly H. Weiss review a recent Southern District decision where the court departed from a recent trend of enforcing "clickwrap" agreements by declining to enforce the arbitration provision contained within Lyft's "clickwrap" agreement but nonetheless compelling arbitration based on Lyft's subsequent "scrollwrap" agreement.

By Samuel Estreicher and Holly H. Weiss

14 minute read

May 15, 2017 | New York Law Journal

Arbitration columnists Samuel Estreicher and Holly H. Weiss write that "clickwrap" agreements have been enforced by the courts, while "browsewrap" have encountered greater resistance. Next up in the Second Circuit are "sign-in wrap" agreements, where the user is notified of the existence of the terms and conditions when signing in or logging on, but does not have to affirmatively agree to the terms and conditions.

By Samuel Estreicher and Holly H. Weiss

11 minute read

March 24, 2017 | New York Law Journal

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

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