Arbitration and ADR: The National Law Review Page 4

For the latest news, stories, and information on alternative dispute resolution (ADR), arbitration meetings, and court-ordered mediation between parties, the National Law Review provides readers with a source of information online. Biding adversarial proceedings and non-binding voluntary procedures, which are heard in front of a neutral third party, are discussed under the National Law Review’s ADR coverage and rules and regulations pertaining to this source of conflict resolution are analyzed by the team of legal experts at the National Law Review.

Coverage includes the examination of different arbitration agreement rulings, at the federal and state level. Arbitration agreements, both in employment and otherwise, and arbitrator awards, in cases relating to business organizations and disputes, are also covered on the site. Arbitration related to sexual harassment lawsuits in the workplace are extremely common today; readers can learn about binding and non-binding terms, and how employees can defeat these arbitration clauses when filing a lawsuit against their company or C-level executive in their organization, on the National Law Review site. Compulsory arbitration clauses in agreements relating to major corporations, shareholder agreements, or multinational agreements, are covered on the National Law Review. These agreements, from industries including employment disputes, consumer class action lawsuits, and franchise agreements, are among the different topics, news, and stories, which visitors will read about on the National Law Review website.

Litigation which arises out of binding arbitration agreements in the workplace, clauses which parties can’t agree upon when creating a new contract, or dealings between companies in different jurisdictions which go awry, are among the different topics which the National Law Review covers, in relation to ADR and arbitration law. Visitors will read stories that arise in the United States, across borders, and between multinational organizations, when visiting the National Law Review, for coverage on this area of law.

For hourly updates on the latest in legal, legislation, government regulation & compliance, litigation, court procedures, and corporate law news, be sure to follow the National Law Review Twitter feed, and sign up for complimentary e-news bulletins.

Date	Title	Organization
13 Jan	Beware The Repeat Player: Ninth Circuit Vacates Arbitration Award For “Evident Partiality”	Foley & Lardner LLP
11 Jan	Court Hears Oral Argument on Challenges to AB 51, Orders Further Briefing, and Maintains Temporary Restraining Order	Jackson Lewis P.C.
10 Jan	California’s Ban on Mandatory Employment Arbitration Stayed for Now	Mintz
10 Jan	New California Laws Could Bring Difficulties in Employment Arbitration	Dinsmore & Shohl LLP
9 Jan	Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
8 Jan	Congress Considers Creation of a “Copyright Claims Board” as an Alternative to Handle Small Copyright Claims	Mintz
6 Jan	Federal Court Gives New Year’s Eve Gift to California Employers… If Only Temporarily	Foley & Lardner LLP
3 Jan	TRO Halts New Arbitration Law AB51	Vedder Price
3 Jan	Plaintiff Slips Arbitration, With Declaration	Squire Patton Boggs (US) LLP
3 Jan	NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions	Proskauer Rose LLP
2 Jan	NLRB Returns to Historic Standard for Arbitral Deference	Dinsmore & Shohl LLP
2 Jan	NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock & Wilcox	Sheppard, Mullin, Richter & Hampton LLP
1 Jan	AB 51 Enjoined at the Last Minute: Court Issues TRO on California’s Arbitration Statute	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
31 Dec	California's Law Barring Arbitration Won't Go Into Effect January 1	Barnes & Thornburg LLP
30 Dec	California Bar on Mandatory Arbitration Agreements in Employment Temporarily Enjoined	Jackson Lewis P.C.
30 Dec	California’s “Request Arbitration, Go to Jail” Law is Blocked Until at Least January 10, 2020	Proskauer Rose LLP
30 Dec	Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute	Epstein Becker & Green, P.C.
22 Dec	Is Hate Too Strong A Word (When It Comes To Compelling Arbitration In California)?	Sheppard, Mullin, Richter & Hampton LLP
19 Dec	EEOC Withdraws Policy Against Mandatory Arbitration of Workplace Discrimination Claims (US)	Squire Patton Boggs (US) LLP
18 Dec	EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements	Proskauer Rose LLP
18 Dec	PBGC Report Reminds Manufacturers of the Coming Threat	Robinson & Cole LLP
18 Dec	When is an Interim International Arbitral Award “Final” Enough for Judicial Enforcement?	Mintz
18 Dec	Best Practices in Administering Benefit Claims #9 – Managing LitigationUtilizing a Plan’s Litigation Tools	Proskauer Rose LLP
18 Dec	The Dangerous (TCPA) World of Webform Submissions: Court Refuses to Compel Arbitration Because Plaintiff Claims He Never Actually Visited Website	Troutman Firm
18 Dec	Court Finds No Manifest Disregard of the Law or Exceeding of Powers in Upholding Arbitration Award Related to Dispute Over Earn-Out Payment	Carlton Fields
17 Dec	Sixth Circuit Changes Landscape Of Discovery In Aid Of International Commercial Arbitration	McDermott Will & Emery
13 Dec	PBGC Adopts AAA’s Amended Withdrawal Liability Arbitration Rules	Proskauer Rose LLP
12 Dec	Ninth Circuit Decides Not to Rehear Its Decision Requiring Arbitration of ERISA Claims	McDermott Will & Emery
12 Dec	Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award	Carlton Fields
11 Dec	California’s Arbitration Ban Challenged in Federal Court	Proskauer Rose LLP
11 Dec	Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent	Polsinelli PC
11 Dec	District Of Massachusetts Holds That Consumers With No Arbitration Agreement Must Arbitrate Their “Closely Intertwined” Class Action Claims	Pierce Atwood LLP
11 Dec	Second Circuit Finds Arbitrator Within Authority to Bind Absent Class Members to Arbitration	Carlton Fields
11 Dec	Eighth Circuit Rejects Claim That Arbitration Clause in Retainer Was Unconscionable	Carlton Fields
10 Dec	U.S. Chamber of Commerce Files Suit to Halt AB 51	Jackson Lewis P.C.
10 Dec	Who Decides Consolidation Issue? A New Arbitration Panel or the Old One?	Squire Patton Boggs (US) LLP
10 Dec	AAA Amends Withdrawal Liability Arbitration Rules to Obtain PBGC Approval	Faegre Drinker
6 Dec	Liquidator Compelled to Arbitrate Hurricane Reinsurance Disputes	Squire Patton Boggs (US) LLP
5 Dec	U.S. District Court for the District of Maryland Confirms Arbitration Award	Carlton Fields
4 Dec	GDPR and International Arbitration at a Crossroads	Sheppard, Mullin, Richter & Hampton LLP
4 Dec	Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated	Proskauer Rose LLP
4 Dec	District Court Confirms $220 Million Award, Finds No Manifest Disregard of Law	Carlton Fields
3 Dec	Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act	Epstein Becker & Green, P.C.
3 Dec	Court Confirms Arbitration Award as Not in Manifest Disregard of the Law	Carlton Fields
2 Dec	Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds	Jackson Lewis P.C.
2 Dec	New York Appellate Division Declines to Enjoin Baltimore Orioles’ Arbitration Against Washington Nationals	Carlton Fields
27 Nov	Unique Arbitration Clause Does Not Prevent Granting of Motion to Compel Arbitration	Squire Patton Boggs (US) LLP
27 Nov	Another Federal Court Denies Application to Seal Arbitration Award	Squire Patton Boggs (US) LLP
25 Nov	Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers	Proskauer Rose LLP
25 Nov	Court Denies Motion to Set Aside Confirmation of Arbitration Award, Rejecting Arguments of Excusable Neglect, Manifest Disregard of the Law, and Exceeding Powers	Carlton Fields
24 Nov	A Few Do’s and Don’ts of Class Mediations	Pierce Atwood LLP
22 Nov	It’s Time to Revisit Your Arbitration Agreements: Limitations on Mandatory Arbitration Agreements Continue to Spread Throughout the Country	Epstein Becker & Green, P.C.
21 Nov	Texas Supreme Court Set to Decide Whether Arbitrator or Court Must Decide Whether Arbitration Can be Conducted on a Class Basis	Greenberg Traurig, LLP
21 Nov	Third Circuit Class Action Litigation \| Fall 2019	Greenberg Traurig, LLP
20 Nov	California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence	Carlton Fields
20 Nov	Three NBA Players Suspended for Drug Violations	Squire Patton Boggs (US) LLP
19 Nov	Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”	Carlton Fields
18 Nov	Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award	Carlton Fields
17 Nov	SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionablex	Carlton Fields
15 Nov	Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial	Carlton Fields
15 Nov	Court Denies Motion to Reconsider Order Compelling Arbitration	Carlton Fields
15 Nov	The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims	Pierce Atwood LLP
15 Nov	Court Vacates Arbitration Award on Grounds of Evident Partiality	Carlton Fields
14 Nov	Railroaded: Forced Arbitration Clause Should Alarm Nursing Home Residents	Stark & Stark
13 Nov	Appraisal Award Ends Property Damage Dispute	Squire Patton Boggs (US) LLP
10 Nov	Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor Arbitration Panel	Carlton Fields
6 Nov	Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended	Epstein Becker & Green, P.C.
6 Nov	Business Banking Resolution Service Launches New Dispute Resolution Pilot for Larger SMEs: a New Financial Ombudsman Service?	Squire Patton Boggs (US) LLP
5 Nov	Ninth Circuit Considers Rehearing in ERISA Arbitration Case	McDermott Will & Emery
4 Nov	Second Circuit Affirms the Extraterritorial Discovery Reach of 28 U.S.C. § 1782	Mintz
4 Nov	Uber Wins a Trip to Arbitration	Womble Bond Dickinson (US) LLP
31 Oct	Ninth Circuit Considers Re-Hearing Dorman V. Schwab Arbitration Decision	McDermott Will & Emery
31 Oct	Talk About Scary: Manual Calls Might be Dialer Calls, Landlines Might be Cell Phones and More TCPA Facts and Stats to Freak You Out	Troutman Firm
31 Oct	Oklahoma Supreme Court Reverses Course: Finds Arbitration Clause Printed on Shingles’ Wrapping Did Not Bind Homeowner to Arbitrate	Carlton Fields
30 Oct	Third Time's A Charm: Governor Signs Legislation Prohibiting Mandatory Arbitration Agreements	Allen Matkins Leck Gamble Mallory & Natsis LLP
30 Oct	In State Court It’s Just as Tough to Vacate an Arbitration Award	Squire Patton Boggs (US) LLP
30 Oct	ARB: SOX Whistleblower Provision Does Not Apply Extraterritorially	Proskauer Rose LLP
30 Oct	Music to our ears: some clarity on joint authorship of copyright	K&L Gates
28 Oct	Preemption Battles over Arbitration Agreements Loom. Are You Prepared?	Foley & Lardner LLP
28 Oct	It’s Not Over Until It Is Over	Squire Patton Boggs (US) LLP
28 Oct	Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims are Arbitrable	Proskauer Rose LLP
26 Oct	False Alarm? The Practical Impact of AB 51, California’s New Anti-Arbitration Statute	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
25 Oct	Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA	Carlton Fields
25 Oct	California Seeks to Sidestep Mandatory Workplace Arbitration Agreements, Again	Barnes & Thornburg LLP
25 Oct	California Prohibits Mandatory Employment Arbitration	Mintz
24 Oct	Up in Smoke: TCPA Class Action Against Cannabis Start-Up Eaze Put to Bed By Binding Arbitration Clause	Troutman Firm
24 Oct	Court Finds Medical Bill Reimbursement Claim Subject to “Biblically-Based Mediation and Arbitration”	Carlton Fields
24 Oct	Likely lad – employee’s workplace stress disability claim revisited by EAT (UK)	Squire Patton Boggs (US) LLP
24 Oct	AB 51 – Arbitration Under Attack	Sheppard, Mullin, Richter & Hampton LLP
24 Oct	California Labor & Employment Legislative Update 2019 – Spoiler Alert, Things Have Not Moderated	Greenberg Traurig, LLP
23 Oct	AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional	Sheppard, Mullin, Richter & Hampton LLP
23 Oct	More Bad News for California Employers as Governor Signs Bills Into Law	Mitchell Silberberg & Knupp LLP
23 Oct	Court Enforces ICSIC Award	Carlton Fields
22 Oct	New York Court Compels Arbitration of Commercial Marijuana Dispute	Carlton Fields
22 Oct	Answers to 10 Questions About California’s Ban on Mandatory Arbitration of Statutory Employment Claims	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
21 Oct	Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards	Carlton Fields
18 Oct	Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal	Mintz
18 Oct	Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences	Jackson Lewis P.C.
17 Oct	2020 Vision: California’s New Employment Laws	Sheppard, Mullin, Richter & Hampton LLP
16 Oct	Second Circuit Affirms Judgment Confirming Arbitration Award in Favor of Labor Union Involving Alleged Non-Signatory to Collective Bargaining Agreement	Carlton Fields
15 Oct	New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?	Jackson Lewis P.C.
15 Oct	DOJ Opposes Merger of Auto Industry’s Aluminum Sheet Suppliers, Agrees to Arbitrate Market Definition	MoginRubin
15 Oct	California Passes Slew Of Worker-Friendly Laws, Most Notably Banning Mandatory Arbitration of Employment Claims	Squire Patton Boggs (US) LLP
14 Oct	A Look at California’s New Labor and Employment Laws	McGeorge School of Law, University of the Pacific
14 Oct	Second Circuit Issues Another Arbitration-Friendly Decision	Jackson Lewis P.C.
11 Oct	DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge	McDermott Will & Emery
11 Oct	Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention?	Mintz
11 Oct	California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees	Epstein Becker & Green, P.C.
10 Oct	Court Compels Arbitration Based on Clause Incorporated Into Guaranty Agreement	Carlton Fields
9 Oct	District of Idaho Rejects Challenges to Arbitration Award	Carlton Fields
8 Oct	Second Circuit Confirms Arbitration Awards That Are (Literally) Out of This World	Carlton Fields
7 Oct	Nevada Supreme Court Reverses Ordered Arbitration as the FAA Preempts NRS 597.995	Carlton Fields
7 Oct	Insurers Cannot Force Arbitration When Policy Is Governed by International Convention on Foreign Arbitration	Wiggin and Dana LLP
4 Oct	Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. § 1782)	Mintz
4 Oct	District Court Dismisses Petition to Confirm Interim Arbitration Award for Lack of Subject-Matter Jurisdiction	Carlton Fields
4 Oct	District Court Compels Arbitration Citing Insurance Policy’s “Service-of-Suit” Provision	Carlton Fields
3 Oct	Does Section 1782 Apply to Discovery in Private International Commercial Arbitration Proceedings?	Greenberg Traurig, LLP
3 Oct	Bill to Nullify Mandatory Predispute Arbitration Agreements Passes in U.S. House	Jackson Lewis P.C.
2 Oct	Court Holds That Issue of Arbitrability Is for an Arbitrator to Decide Pursuant to Agreement	Carlton Fields
30 Sep	Sixth Circuit Eliminates Contractual Limitations Periods For Title VII Claims	Squire Patton Boggs (US) LLP
30 Sep	District Court Compels Arbitration Pursuant to Operating Agreement	Carlton Fields
27 Sep	Employment Discrimination Claim Compelled to Arbitration Despite Arguments That “Clickwrap” Stock Incentive Agreement and Discovery Limitations Were Unconscionable	Carlton Fields
26 Sep	NLRB Clarifies Use of Mandatory Arbitration Post-Epic Systems	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
25 Sep	Ninth Circuit Affirms Confirmation of Arbitration Award, Finding Plaintiffs Failed to Show Prejudice From Denial of Discovery	Carlton Fields
24 Sep	Broad U.S. Discovery Now Available in Foreign Arbitrations	Bracewell LLP
23 Sep	Attacking An Inexplicable Arbitration Award: “Manifest Disregard of the Law” Or Something Else?	Mintz
20 Sep	Sixth Circuit’s Plain-Meaning Approach to Foreign Arbitration Discovery	Squire Patton Boggs (US) LLP
20 Sep	California Employment Law Notes -September 2019	Proskauer Rose LLP
19 Sep	Long Road Ahead As Congress Begins Chipping Away At Workplace Arbitration	Barnes & Thornburg LLP
19 Sep	Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim	Carlton Fields
18 Sep	Intervenor-Defendant Obtains Stay of SDNY Action in Favor of Arbitration 14 Months After Complaint Filed	Carlton Fields
17 Sep	Court Concludes That Bankruptcy Discharge Does Not Affect Arbitration Clause	Carlton Fields
16 Sep	District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”	Carlton Fields
16 Sep	California Arbitration Roundup: Employers Are 3-1 For Favorable Arbitration Rulings	Mitchell Silberberg & Knupp LLP
13 Sep	California Supreme Court Delivers PAGA Win for Employers	Mintz
13 Sep	Beltway Buzz, September 13, 2019	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
12 Sep	Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk	Sheppard, Mullin, Richter & Hampton LLP
11 Sep	Court Holds Arbitration Provision Does Not Violate California’s McGill Rule	Carlton Fields
10 Sep	Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.	Robinson & Cole LLP
9 Sep	Employers Beware: It's Once Again Time to Review Your Arbitration Agreements	Foley & Lardner LLP
9 Sep	Incorporation by Reference of a Commercial Contract’s Arbitration Clause Can Bind a Non-Signatory Performance Bond Surety	Mintz
9 Sep	Court Directs Arbitration Where Plaintiff Acknowledges the Parties Agreed to Do So	Carlton Fields
4 Sep	Non-Signatory Surety Bound By Arbitration Clause in Incorporated Contract	Squire Patton Boggs (US) LLP
4 Sep	An Arbitrator, and not the Courts, Should Decide the Question of Substantive Arbitrability if “The Parties’ Contract Provides ‘Clear and Unmistakable Evidence’ of Their Intent That an Arbitrator Should Decide the Question”	K&L Gates
3 Sep	After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award	Carlton Fields
3 Sep	Attention Colorado Long-Term Care Facilities: Federal Arbitration Rules Are Changing	Greenberg Traurig, LLP
3 Sep	New Arbitration Rule Violates the Rights of Vulnerable Nursing Home Residents	Stark & Stark
27 Aug	Ninth Circuit Concludes Defendant Waived Right to Seek Arbitration of Class Action	Carlton Fields
27 Aug	NDNY Finds Party Waived Right to Pursue Employment-Related Claims and Confirms Arbitration Award	Carlton Fields
26 Aug	NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit	Foley & Lardner LLP