Section Newsletters

Articles From Jay Schleppenbach

Ninth Circuit Provides Guidance on What Constitutes Assent to an Arbitration Clause in the Digital Context By Jay Schleppenbach Employee Benefits, November 2025 In Chabolla v. ClassPass, the Ninth Circuit explores how complex notice and assent can be for digital arbitration agreements. 
Supreme Court Rejects “Minimum Contacts” Requirement To Enforce Arbitration Awards Against Foreign States By Jay Schleppenbach Alternative Dispute Resolution, November 2025 The Supreme Court’s recent decision in Devas illustrates the pro-arbitration leaning of the United States legal system. Companies that arbitrate in the United States and abroad should take comfort that this remains a favorable jurisdiction to seek enforcement of arbitration awards, even where those awards involve foreign states or state-owned entities.
Ninth Circuit Provides Guidance on What Constitutes Assent to an Arbitration Clause in the Digital Context By Jay Schleppenbach Legal Technology, Standing Committee on, October 2025 In Chabolla v. ClassPass, the Ninth Circuit explores how complex notice and assent can be for digital arbitration agreements. 
Recent Prosecutions, Announcements Show Trump DOJ’s Focus on Curbing Health Care Fraud By Jay Schleppenbach Health Care Law, October 2025 Recent announcements from the United States Department of Justice emphasize health care fraud is a top white collar enforcement priority for the Trump administration. Health care companies and individual providers must take care to ensure they do not come under the government's microscope. 
Ninth Circuit Provides Guidance on What Constitutes Assent to an Arbitration Clause in the Digital Context By Jay Schleppenbach Alternative Dispute Resolution, August 2025 In Chabolla v. ClassPass, the Ninth Circuit explores how complex notice and assent can be for digital arbitration agreements. 
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach Civil Practice and Procedure, August 2025 International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach International and Immigration Law, August 2025 From President Trump's imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. 
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach Corporate Law Departments, August 2025 International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach Federal Civil Practice, July 2025 International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
States Split on Arbitrability of Wrongful Death Claims By Jay Schleppenbach Alternative Dispute Resolution, July 2024 Arbitration practitioners need to be aware that the arbitrability of wrongful death claims is a disputed issue.
Artificial Intelligence: Key Legal Issues for Businesses By Daliah Saper & Jay Schleppenbach Business and Securities Law, May 2024 Several key legal areas that businesses will want to keep an eye on as artificial intelligence technology evolves.
Artificial Intelligence: Key Legal Issues for Businesses By Daliah Saper & Jay Schleppenbach Business Advice and Financial Planning, May 2024 Several key legal areas that businesses will want to keep an eye on as artificial intelligence technology evolves.
Supreme Court Holds SOX Whistleblowers Need Not Show Retaliatory Intent By Jay Schleppenbach Business and Securities Law, May 2024 Until the U.S. Supreme Court issued its decision in Murray v. UBS Securities, LLC, it was not entirely clear what a Sarbanes-Oxley Act whistleblower had to show in terms of intent to establish a claim.
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.

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