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The Tom Brady Decision - Arbitration Lessons for Employers

The Second Circuit’s decision to reinstate the NFL’s four game suspension of Tom Brady has been in the news this week. To those of us who handle arbitration on a regular basis, it came as no surprise. However, employers who arbitrate cases pursuant to a collective bargaining agreement, or who have or are considering arbitration programs, should not be overly concerned.   

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TAGS: Arbitration

Supreme Court Again Endorses Arbitration and Class Action Waivers

Yesterday, the Supreme Court issued its long awaited decision in American Express v. Italian Colors Restaurant

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The (Possible) Future of Arbitration

In my last post, I discussed the pros and cons of arbitration of employment disputes, concluding that the pros outweigh the cons. I also noted that the Arbitration Fairness Act, which would ban forced arbitration in employment disputes, is looming on the horizon. I ended with the question: What should you do if the Arbitration Fairness Act passes? As promised, here are a few suggestions.

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Arbitration Pros and Cons

In the interest of full disclosure, I am a huge proponent of arbitration of employment disputes as beneficial to employers. Frankly, I do not understand why more employers do not use arbitration. After some internet research on the topic, I have identified the following commonly stated pros and cons of arbitration.

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Supreme Court Considers Class Arbitration

The United States Supreme Court heard oral arguments on Wednesday (12/9) in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., an anti-trust case.  The case is of interest to employment law practitioners because the issue under consideration is whether class arbitration may be imposed when that issue is not addressed in the parties’ arbitration clauses. 

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Arbitration: The Employer's Magic Bullet

When I attend holiday cocktail parties, people often ask me employment law questions.  They ask other questions as well, like why would someone invite a lawyer to a cocktail party — such dull company.  I can’t answer that one but here is a more topical question — what is the one best thing an employer can do to protect itself from disastrous employment litigation?  My answer is to start an arbitration program for your workplace.

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TAGS: Arbitration, Labor & Employment Law

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