Section Newsletters

Articles From Jay Schleppenbach

American Arbitration Association Issues Amended Mass Arbitration Rules By Jay Schleppenbach Alternative Dispute Resolution, April 2024 On January 15, the American Arbitration Association issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules.
Ban on Employment Non-Competes Fails in New York, But Federal Threat Looms By Troy Sphar & Jay Schleppenbach Business Advice and Financial Planning, March 2024 Although non-competes have narrowly survived in New York, at least for now, their continued viability for business is likely to continue to be under fire.
Ban on Employment Non-Competes Fails in New York, But Federal Threat Looms By Troy Sphar & Jay Schleppenbach Corporate Law Departments, March 2024 Although non-competes have narrowly survived in New York, at least for now, their continued viability for business is likely to continue to be under fire.
Ban on Employment Non-Competes Fails in New York, But Federal Threat Looms By Troy Sphar & Jay Schleppenbach Business and Securities Law, February 2024 Although non-competes have narrowly survived in New York, at least for now, their continued viability for business is likely to continue to be under fire.
Eleventh Circuit Rejects Challenge to Arbitral Award Based on Arbitrators’ Failure to Disclose Potential Conflicts By Jay Schleppenbach Alternative Dispute Resolution, February 2024 When can an arbitrator’s failure to disclose potential conflicts jeopardize the enforceability of the arbitral award? The eleventh circuit’s recent decision in Grupo Unidos Por el Canal, S.A. v. Autoridad del Canal de Panama provided some interesting guidance.
Ethics for Business Lawyers CLE Coming in May By Jay Schleppenbach Business and Securities Law, February 2024 Highlights to expect from the Business & Securities Law Section Council's upcoming CLE program on ethics for business lawyers.
A Welcome From the Section Council Chair By Jay Schleppenbach Business and Securities Law, January 2024 A note from the chair.
United States Supreme Court Holds District Courts Must Stay Proceedings While Interlocutory Appeals on Arbitrability Are Pending By Jay Schleppenbach Alternative Dispute Resolution, November 2023 The Federal Arbitration Act explicitly authorizes an interlocutory appeal from the denial of a motion to compel arbitration, but the United States circuit courts have long been split on whether district courts must stay proceedings before them during the course of such an appeal.
Ninth Circuit Provides Guidance on ‘Reasonably Conspicuous Notice’ of Website Arbitration Agreement By Jay Schleppenbach Alternative Dispute Resolution, August 2023 In Oberstein v. Live Nation Entertainment, Inc., the appellate court provided some guidance on what constitutes sufficient notice.
Claws Out: SEC Adopts Rules Requiring Listed Companies to Clawback Erroneous Compensation By Jay Schleppenbach Business and Securities Law, May 2023 Clawback provisions, which allow companies to recover incentive pay granted to executives for achieving financial performance targets on the basis of decisions and actions that subsequently turn out to be ethically and legally questionable, have become increasingly common in recent years.
Proving an Arbitration Agreement Unconscionable: Difficult, But Not Impossible By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, April 2023 Avoiding arbitration on grounds of unconscionability remains a difficult task, but it is not impossible
Proving an Arbitration Agreement Unconscionable: Difficult, But Not Impossible By Jay Schleppenbach Alternative Dispute Resolution, March 2023 Avoiding arbitration on grounds of unconscionability remains a difficult task, but it is not impossible
American Arbitration Association Amends Commercial Arbitration Rules By Jay Schleppenbach Alternative Dispute Resolution, January 2023 This past fall, the American Arbitration Association updated its Commercial Arbitration Rules and Mediation Procedures after a two-year internal review.
Supreme Court Limits Federal Courts’ Ability to Order Discovery for International Arbitrations By Jay Schleppenbach Alternative Dispute Resolution, October 2022 For years, the United States circuit courts have split on the question of whether 28 U.S.C. § 1782, which permits parties to apply for discovery for use in a proceeding before a “foreign or international tribunal,” extends to private commercial arbitrations abroad.
Seventh Circuit Rejects Award Interpretation Allowing Party to Delay Payment Indefinitely By Jay Schleppenbach Alternative Dispute Resolution, July 2022 In its recent decision in Nano Gas Technologies, Inc. v. Clifton Roe, the appellate court dealt with an arguably ambiguous award, but ultimately resolved any ambiguity without the need for remand to the arbitrator.
Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, March 2022 Concerns that certain types of claims are ill suited for arbitration have led to the passage of federal legislation that actually amends the Federal Arbitration Act to give employees who are parties to arbitration agreements with their employers the option of bringing their claims of sexual assault or sexual harassment in arbitration or court.
Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration Rights By Jay Schleppenbach Alternative Dispute Resolution, January 2022 It is well-established that the right to arbitrate claims rather than have them heard in the court system, like other contractual rights, can be waived. But determining when that waiver has occurred has not always been clear cut.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, November 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach Alternative Dispute Resolution, October 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction Over Petitions to Confirm or Vacate Arbitration Awards By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, September 2021 A summary and analysis of Badgerow v. Walters.
Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction Over Petitions to Confirm or Vacate Arbitration Awards By Jay Schleppenbach Alternative Dispute Resolution, August 2021 A summary and analysis of Badgerow v. Walters.
Supreme Court Unanimously Upholds Enforcement of International Arbitration Agreements by or Against Nonsignatories By Jay Schleppenbach Alternative Dispute Resolution, August 2020 In June, the U.S. Supreme Court stated in a unanimous opinion that international arbitration agreements may be enforced against non-parties on a theory of equitable estoppel.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, May 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach Alternative Dispute Resolution, April 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
1 comment (Most recent May 8, 2020)
Ninth Circuit Overrules 35-Year-Old Decision Barring Arbitration of ERISA Disputes By Jay Schleppenbach Alternative Dispute Resolution, October 2019 The ninth circuit recently concluded in Dorman v. Charles Schwab that ERISA claims are subject to mandatory arbitration, serving as a possibly sign of increasingly supportive judicial attitudes toward arbitration.
Southern District of New York Holds FAA Preempts State Law Prohibiting Arbitration of Sexual Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, August 2019 From time to time, courts and legislatures have attempted to exclude certain types of claims from being arbitrated.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach Alternative Dispute Resolution, July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
New Jersey legislature passes legislation barring mandatory arbitration of discrimination claims By Jay Schleppenbach Alternative Dispute Resolution, April 2019 New Jersey's legislature recently passed a bill that would prohibit employers from enforcing mandatory pre-dispute arbitration provisions.

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