Samuel Estreicher

June 11, 2013 | New York Law Journal

Samuel Estreicher, a professor at New York University School of Law, and Stephen B. Kinnaird, a partner at Paul Hastings, discuss the Supreme Court's holding in 'Kiobel,' which places in question the ATS' continued utility as a vehicle for challenging human rights abuses occurring in other countries, and several important questions about the ATS' reach left open by the decision.

By Samuel Estreicher and Stephen B. Kinnaird

9 minute read

August 28, 2012 | 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 Paul Hastings, and Zachary Fasman, a partner at Paul Hastings, write that although the Second Circuit emphasized that the fact-intensive nature of its 'vindication of statutory rights' analysis limited its holding, 'Amex III' nonetheless creates considerable uncertainty in the law.

By Samuel Estreicher and Zachary Fasman

11 minute read

October 31, 2001 | Law.com

The U.S. Supreme Court's rulings in Circuit City v. Adamsand Gilmer v. Interstate/Johnson Lane Corp., have removed any doubt as to the enforceability of most pre-dispute arbitration agreements entered into as a condition of employment, even where statutory claims are involved. The question of who should pay the costs of the arbitration, however, remains undecided.

By Samuel Estreicher and Kenneth J. Turnbull

11 minute read

January 04, 2013 | New York Law Journal

Samuel Estreicher, the Dwight D. Opperman Professor of Law at New York University School of Law, and Allan S. Bloom, a partner at Paul Hastings, write that there are labor law issues,claims under the Fair Labor Standards Act and its state law counterparts, for example, that employers with unpaid internship programs will need to address.

By Samuel Estreicher and Allan S. Bloom

13 minute read

December 05, 2011 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Steven C. Bennett of Jones Day discuss how the recent 'Jock v. Sterling Jewelers' decision in the U.S. Court of Appeals for the Second Circuit rekindled the debate over whether arbitrators can interpret silence in an arbitration agreement as a basis for classwide arbitration, as well as whether class action preclusion clauses are enforceable in all statutory contexts.

By Samuel Estreicher and Steven C. Bennett

8 minute read

July 31, 1999 | Law.com

Faced with the certification of an employment discrimination class and the prospect of punitive damages, employers often see little choice but to settle. But employers are turning the tables on one of plaintiffs' most potent weapons -- the right to recover compensatory and punitive damages from a jury -- by arguing that certification is inappropriate where class members seek monetary damages requiring individualized determinations. Courts, in increasing numbers, are embracing those arguments.

By Samuel Estreicher and Sam Shaluson

13 minute read

January 28, 2013 | New York Law Journal

In their Arbitration column, Samuel Estreicher, Dwight D. Opperman Professor of Law at New York University School of Law, and Zachary Fasman, a partner at Paul Hastings, discuss the circuit courts' conflicting responses to the Supreme Court's holding in 'Stolt-Nielsen v. AnimalFeeds International' and a Third Circuit case which will present the high court with the opportunity to resolve the questions left open.

By Samuel Estreicher and Zachary Fasman

15 minute read

June 29, 2010 | New York Law Journal

Insurer States Claim That Policy Is Voidable As Obtained for Resale in Secondary Market

By Samuel Estreicher and Steven C. Bennett

1 minute read

July 08, 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, review the Supreme Court's recent ruling in Preston v. Ferrer, which reaffirms the "separability" doctrine, whereby the Court views the promise to arbitrate as separate from the overall agreement in which it is contained, and a party seeking to avoid arbitration must challenge the validity of the specific agreement to arbitrate rather than the validity of the arbitration promise itself.

By Samuel Estreicher and Steven C. Bennett

11 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