Samuel Estreicher

January 10, 2001 | Law.com

The casual observer might be forgiven for thinking that the debate over predispute employment arbitration agreements ended in 1991, say attorneys Samuel Estreicher and Jay W. Waks. That was the year the Supreme Court held that the Federal Arbitration Act of 1925 required enforcement of such agreements. The plaintiffs' bar mounted a battle to undo the decision, without success, except in one recent case.

By Samuel Estreicher and Jay W. Waks

10 minute read

September 08, 2008 | New York Law Journal

Samuel Estreicher, the Dwight D. Opperman Professor of Law at NYU School of Law and of counsel to Jones Day, and Joseph J. Bernasky, an associate at Jones Day, write that the Second Circuit recently held that a provision in a collective bargaining agreement requiring an employee to choose between arbitrating a grievance or filing a charge with a government agency as a prerequisite to a lawsuit does not constitute a form of retaliation violative of Title VII of the federal Civil Rights Act of 1964.

By Samuel Estreicher and Joseph J. Bernasky

10 minute read

September 15, 2010 | New York Law Journal

The preclusive effect of an arbitration award Samuel Estreicher And Steven C. Bennett of Jones Day discuss the several issues likely to arise in the arbitration context, and case strategies for parties that foresee the need to rely on arbitral awards.

By Samuel Estreicher and Steven C. Bennett

12 minute read

May 22, 2009 | New York Law Journal

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Elena J. Voss, an associate at the firm, write that a recent U.S. Supreme Court decision opens up an area for collective bargaining by removing an important obstacle which has hindered use of arbitration for the individual statutory claims of union-represented employees.

By Samuel Estreicher and Elena J. Voss

10 minute read

March 01, 2011 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Steven C. Bennett of Jones Day write: Despite the seemingly broad language of Section 7 of the Federal Arbitration Act, federal courts disagree on the scope of pre-hearing discovery from non-parties. When that patchwork of judicial interpretations is added to the complexity of enforcing an order in a foreign non-party's home jurisdiction, the likelihood of discovery success becomes uncertain.

By Samuel Estreicher and Steven C. Bennett

13 minute read

November 08, 2007 | New York Law Journal

Samuel Estreicher, counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that class-arbitration waivers are becoming more and more commonplace in predispute arbitration agreements, especially given the U.S. Supreme Court's ruling that the arbitrator, and not the court, is to decide in the first instance whether an arbitration agreement permits classwide arbitration when the agreement contains no express provision on the issue.

By Samuel Estreicher and Steven C. Bennett

13 minute read

May 01, 2003 | New York Law Journal

By Samuel Estreicher And Rene M. Johnson

5 minute read

July 20, 2006 | Corporate Counsel

The Supreme Court has ruled that public employees are not protected by the First Amendment for "expressions made pursuant to office responsibilities." In some circumstances, public workers may be able to structure their remarks so as to create a clear line between their expression and job-related duties. In others, state whistleblower statutes might offer protection. However, the Court's ruling in Garcetti v. Ceballos marks an important limitation on the scope of freedom of speech in the workplace.

By Samuel Estreicher

16 minute read

March 28, 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, write that arbitration is a "creature of contract." A party cannot be compelled to arbitrate, absent agreement, and parties generally may determine the scope and method for the arbitration proceedings to which they consent.

By Samuel Estreicher and Steven C. Bennett

16 minute read

June 24, 2004 | New York Law Journal

Samuel Estreicher, a professor at New York University School of Law and counsel to Jones Day, and Shari M. Goldsmith, an associate at Jones Day write that with Solomonic wisdom, the U.S. Supreme Court recently made clear that automatic employer liability requires a formal act by the employer.

By Samuel Estreicher and Shari M. Goldsmith

11 minute read