Arbitration and Dispute Resolution

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In Publications

Memorandum 22-029

Congress Approves New Law Banning Mandatory Arbitration of Sexual Harassment Claims

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In Publications

Memorandum 21-224

Anti-Arbitration Bills Are on the Move in Congress

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Education and Training

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Memo
24-014
Wednesday, January 17, 2024

Enforcement of a 2019 California law (AB 51) that bans mandatory employment arbitration agreements has been permanently enjoined pursuant to a federal court order entered on January 2, 2024.


Memo
23-055
Wednesday, March 15, 2023

The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)” was enacted a year ago by Congress to prohibit employers from enforcing pre-dispute agreements to arbitrate sexual harassment claims. The first rulings interpreting th


Memo
23-049
Tuesday, March 7, 2023

The Ninth Circuit Court of Appeals has ruled that a 2019 law enacted by the state of California that makes it a criminal offense for an employer to require an employee or a job applicant to consent to arbitration is preempted by the FAA.


Memo
22-201
Monday, October 24, 2022

A bipartisan bill that would bar the use of pre-dispute nondisclosure agreements involving sexual assault or harassment claims has been approved by the U.S. Senate and could become law this year.


Memo
22-125
Tuesday, July 5, 2022

In its latest pro-arbitration ruling, the U.S. Supreme Court has ruled that the Federal Arbitration Act preempts an interpretation of California’s unique Private Attorneys General Act that prevents individual arbitration of PAGA claims.



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