California Governor Gavin Newsom has signed a law that prohibits employers in the state from requiring workers to sign a mandatory arbitration provision as a condition of employment.  AB 51 mandates that an “employer shall not threaten, retaliate or discriminate against, or terminate any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of the California Fair Employment and Housing…
Sinta Dewi, Padjadjaran University Faculty of Law, Robert Walters of Victoria University, Leon Trakman, University of New South Wales Faculty of Law, and Bruno Zeller, University of Western Australia Faculty of Law, have jointly published a timely journal article titled, “The Role of International Mediation in Data Protection and Privacy Law – Can It be Effective?” (2019) 30 Australian Dispute Resolution Journal 61; UNSW Law Research Paper No. 19-77.  In their…
A United States Magistrate Judge has reportedly recommended that retail giant Amazon’s motion to compel arbitration in a proposed class action lawsuit that was brought against the company over alleged children’s privacy violations be denied.  As discussed in another Disputing blog post: In the case, a group of parents filed a putative collective action complaint against Amazon in the Western District of Washington in Seattle over the company’s Alexa technology.  The parents claim…
I have written before about Fritz Bauer, the Hessian attorney general (Generalstaatsanwalt) and the public prosecutor behind the first Auschwitz trials in Germany and the Eichman trail in Israel. The late Erardo Rautenberg, attorney general in the state of Brandenburg, had lobbied for an official postal stamp in commemoration of the 50th anniversary of Fritz Bauer’s death in 2018. Last year, the proposal was not implemented and unfortunately, Rautenberg did not live to…
The Supreme Court of Texas will not consider whether non-signatory assignees may be compelled to arbitrate their claims following an indemnity dispute.  According to another Disputing blog post: In Wagner Oil Co. v. Apache Corp., No. 19-0243, Texas-based Wagner Oil Company (“WOC”) purchased certain Louisiana oil and gas assets from Apache Corporation by executing a purchase and sale agreement (“PSA”).  The PSA was signed by Bryan Wagner on behalf of WOC.  The PSA included an arbitration provision that…
The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration.  In Torres v. Greystar Management Services, LP, No. SA-19-CA-510-FB (HJB) (W. D. Texas, October 25, 2019), a Greystar employee who was also a Greystar 401(k) Plan (the “Plan”) participant filed a putative class-action lawsuit against Greystar over what she claimed were unusually high Plan administrative fees.  In response to the worker’s complaint,…
This week, yet another Brexit deadline expired without additional clarity as to when and on what terms Brexit will occur. This creates uncertainties, which affect business relations with British parties, and impact, amongst many other fields, civil litigation. So in this week’s Case of the Week, we present the three cases I know of in which German courts had to deal with Brexit-related issues. The cases deal with security for costs, the validity of choice…