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  • Article

    Supreme Court Upholds Class Action Arbitration Waivers

    On May 21, 2018, the U.S. Supreme Court issued its much-anticipated decision addressing whether employers can include class action waivers in mandatory arbitration agreements...
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    NLRB Continues To Hold Firm On D.R. Horton Reasoning Despite Contrary Decisions In The Courts

    Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board precedent and so applied and affirmed its holding.
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    Employment, Labor & Benefits Update - September 2016

    On Wednesday, September 28, 2016, the Employment, Labor and Benefits Group will hold its annual seminar. Speakers will provide information and updates on the following topics:
    United StatesEmployment and HR
    Masuda, Funai, Eifert & Mitchell, Ltd.
    Masuda, Funai, Eifert & Mitchell, Ltd.
  • Article

    The Blue Sky Is The Limit For Securities Liability In Washington

    Many state securities laws, known as blue sky laws, are patterned after Section 12(a)(2) of the Securities Act of 1933. The interpretation of these state blue sky laws, however, may diverge significantly from the interpretation of analogous federal securities statutes.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Supreme Court Upholds Lawfulness Of Class And Collective Action Waivers In Arbitration Agreements

    The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA).
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Ninth Circuit Holds That Class Action Waiver In Employment Agreement Is Unenforceable, Adding To The Circuit Split On The Issue

    As a condition of employment, E&Y's employees were required to sign agreements that contained a "concerted action" waiver requiring employees to pursue legal claims against E&Y exclusively through arbitration...
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Cultivating Compliance In Pharmaceutical Companies

    The rising cost of medications, a shortage of healthcare funding and prolific media coverage continue to sharpen the focus of lawmakers, regulators and enforcement authorities on the activities of the pharmaceutical industry.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Ernst & Young LLP
    Ernst & Young LLP
  • Article

    Class Action Waivers Enforced In Two Recent Second Circuit Decisions

    The Second Circuit Court of Appeals recently issued two opinions each holding that class action waivers may be enforced by employers in cases brought under the Fair Labor Standards Act (FLSA).
    United StatesLitigation, Mediation & Arbitration
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    SEC Agrees To $11.8 Million Settlement With Auditor For Alleged Audit Failures

    In October 2016, the U.S. SEC announced Ernst & Young LLP agreed to pay $11.8 million to settle SEC allegations related to failed audits at oil services company Weatherford International PLC.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Responding To The Credit Crisis: Practical Considerations For General Counsel

    The Editor interviews Bradley Massam and Walter Morris of Ernst & Young’s Fraud Investigation & Dispute Services practice. Mr. Massam is a Partner and serves as Americas Leader for Financial Services.
    United StatesFinance and Banking
    Ernst & Young LLP
    Ernst & Young LLP
  • Video

    What Employers Should Know About This Week's "Drama" At The CFPB (Video)

    A somewhat bizarre event – even by this year's standard of unusual current events – hit the news stream earlier this week, as two "Acting Directors"...
    United StatesFinance and Banking
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Video

    What Employers Should Know About This Week's "Drama" At The CFPB (Video)

    A somewhat bizarre event – even by this year's standard of unusual current events – hit the news stream earlier this week, as two "Acting Directors" showed up to work on Monday morning ...
    United StatesLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

    Agreements requiring employees to submit workplace claims to an arbitrator instead of a court have become increasingly commonplace in today's workplaces.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Supreme Court Agrees To Wade Into Class Waiver Conflict

    In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Not So Fast – Audit Restricts Appointment Of Monitor

    A recent decision of the Ontario Superior Court ("Court") provided insights into how the Courts may interpret Section 11.7 of the Companies' Creditors Arrangement Act ("CCAA")...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Recent Decisions Clarify (Un)Enforceability Of Class Action Waivers In Employment Agreements

    Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Is The Latest Circuit Court To Reject Horton Analysis Regarding Class Action Waivers

    Last week, the United States Court of Appeals for the Ninth Circuit became the latest federal appellate court, joining the Eighth and Second Circuits, to reject the National Labor Relations Board’s analysis in D.R. Horton, Inc.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Staying Out Of Trouble

    The world is getting smaller and the reality of a truly global marketplace now puts the spotlight on less-than-honorable business practices that have for so long inhibited growth in the developing world. This is a very positive forward movement for growing economies.
    United StatesCriminal Law
    Ernst & Young LLP
    Ernst & Young LLP
  • Article

    Trump Department Of Justice Reverses Course On Class Action Waivers

    On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Planning Ahead To Respond To E-Discovery Requests

    The newly enacted amendments to the Federal Rules of Civil Procedure have had the legal community abuzz for months as lawyers, both in-house and outside, have worked to determine what the revisions mean to them.
    United StatesMedia, Telecoms, IT, Entertainment
    Ernst & Young LLP
    Ernst & Young LLP

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