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On Wednesday, April 24, 2019, the U.S. Supreme Court struck another blow to employees who seek to arbitrate class claims against their employer under employment arbitration agreements.  In a 5-4 decision, the Court ruled that class arbitration should not be allowed unless the arbitration agreement clearly authorizes class claims.  This case stems from a 2016 phishing attack against Lamps Plus, Inc., which resulted in the theft of employee tax and income statements. Frank Varela, a…
The ongoing debate about the treatment of cleanup orders in bankruptcy looks to be getting a lot more interesting in the Second Circuit. In a decision (.pdf) that could signal important precedent in the making, the United States District Court for the Southern District of New York granted the government’s motion to withdraw the reference (.pdf) of an adversary proceeding filed by debtor Chemtura Corporation in the context of its chapter 11 cases.   Chemtura’s amended