Samuel Estreicher

July 19, 2016 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss write that in May, the Seventh Circuit issued the first appellate decision to agree with the National Labor Relations Board that §7 of the NLRA bars employers from requiring as a condition of employment that employees agree to an arbitration provision precluding class or collective actions, a decision that sets up a circuit split.

By Samuel Estreicher and Holly H. Weiss

11 minute read

May 13, 2016 | New York Law Journal

In their Arbitration column, Samuel Estreicher and David L. Noll write: In the immediate aftermath of Justice Antonin Scalia's death, many press accounts focused on his views on controversial matters such as the Second Amendment and LGBT rights. Scalia's most enduring contributions to federal law, however, may be in the workaday areas of civil and administrative procedure.

By Samuel Estreicher and David L. Noll

29 minute read

December 30, 2015 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Kristina Yost write: Despite protests from the consumer financial industry, the Consumer Financial Protection Bureau appears to be prepared to move forward with regulations restricting limitations on class actions through arbitration clauses. As a result, consumer financial institutions should begin preparing for the possibility of increased class action litigation.

By Samuel Estreicher and Kristina Yost

8 minute read

December 29, 2015 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Kristina Yost write: Despite protests from the consumer financial industry, the Consumer Financial Protection Bureau appears to be prepared to move forward with regulations restricting limitations on class actions through arbitration clauses. As a result, consumer financial institutions should begin preparing for the possibility of increased class action litigation.

By Samuel Estreicher and Kristina Yost

8 minute read

October 07, 2015 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Kristina Yost review a recent decision in which the Second Circuit ruled that the summary judgment hurdle discrimination plaintiffs have to overcome in the face of a prior arbitration award upholding a termination does not apply where the plaintiff's discrimination claims had been dismissed, after hearing, by the New York State Division of Human Rights.

By Samuel Estreicher and Kristina Yost

9 minute read

October 06, 2015 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Kristina Yost review a recent decision in which the Second Circuit ruled that the summary judgment hurdle discrimination plaintiffs have to overcome in the face of a prior arbitration award upholding a termination does not apply where the plaintiff's discrimination claims had been dismissed, after hearing, by the New York State Division of Human Rights.

By Samuel Estreicher and Kristina Yost

9 minute read

April 10, 2015 | New York Law Journal

In his Arbitration column, Samuel Estreicher and Kristina A. Yost write: Despite the Second Circuit panel ruling in Jock, it is not clear under what circumstances arbitration agreements will be interpreted to allow for class arbitration, especially if they contain express class or collective action waiver provisions.

By Samuel Estreicher and Kristina A. Yost

11 minute read

April 09, 2015 | New York Law Journal

In his Arbitration column, Samuel Estreicher and Kristina A. Yost write: Despite the Second Circuit panel ruling in Jock, it is not clear under what circumstances arbitration agreements will be interpreted to allow for class arbitration, especially if they contain express class or collective action waiver provisions.

By Samuel Estreicher and Kristina A. Yost

11 minute read

July 29, 2014 | New York Law Journal

In their Arbitration column, Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth discuss arbitration developments in light of Dodd-Frank's anti arbitration provisions.

By Samuel Estreicher and Holly H. Weiss

9 minute read

May 05, 2014 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss the recent U.S. Supreme Court on the distinction between "substantive" and "procedural" gateway questions to arbitrability in the context of an international dispute.

By Samuel Estreicher and Holly H. Weiss

11 minute read