Topic
arbitration clauses
2,403 published works
Technology & Marketing Law Blog
The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
By Eric Goldman
TL;DR: The court provides this overview: LowerMyBills.com refers internet users who are interested in refinancing their home mortgages to affiliated lending partners, including Rocket Mortgage. The website tells users that…
Employment Law Letter
From Lawyer to Employer: Season 4, Episode 7 | Arbitration Clauses at Work: The Good, The Bad & The Avoidable Mistakes
By Daniel Schwartz, Emily McDonough Souza
Arbitration clauses are everywhere in today’s workplace — but are they right for your organization? In this episode of From Lawyer to Employer, host Dan Schwartz is joined by Shipman attorney…
Roberts Disability Law Blog
Fifth Circuit Holds Plan May Compel Arbitration of ERISA § 502(a)(2) Claim but Invalidates Representative-Action Waiver
In Parrott v. International Bancshares Corporation, et al., No. 25-50367, —F.4th—-, 2026 WL 364324 (5th Cir. Feb. 10, 2026), the Fifth Circuit addressed whether an ERISA plan can compel arbitration…
Inside Class Actions
Ninth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑Litigation
The Ninth Circuit sent a strong message to companies considering relying on arbitration agreements introduced mid-litigation to defeat class-action litigation. Avery v. TEKsystems, Inc., __ F.4th __, 2026 WL 218992 (9th Cir.…
Insurance Law Hawaii
Additional Insured Bound by Policy’s Arbitration Provision
The federal district court granted the insurer's motion to compel arbitration of a claim by the policy's additional insured. New Land Interiors Corp. v. Kinsale Ins. Co., 2025 U.S. Dist.…
Class Action Defense Blog
Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification
By Gerald L. Maatman, Jr., Eden Anderson, Rebecca Bjork, Olga Romadin Duane Morris Takeaways: On January 28, 2026, in Avery, et al. v. TEKsystems, Inc., 2026 U.S. App. LEXIS 2091,…
California Workplace Law Blog
Arbitration Agreement’s Illegible Print Not Automatically Invalid as Unfair
The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as…
Class Action Defense Blog
Preservation Behavior Will Avoid Waiver: Third Circuit Vacates District Court Decision Finding Company Waived Right To Enforce Arbitration Provisions
By Gerald L. Maatman, Jr., Shannon Noelle, and Anna Sheridan Duane Morris Takeaways: On January 7, 2026, in Valli et al. v. Avis Budget Group Inc. et al., Case No.…
World of Employment
Contracts, Wage Judgment Enforcement, and Arbitration for California in 2026
By Bryan Hawkins, Robert Sarkisian, Kyndall Banales
Through new legislation and shifting enforcement priorities, California continues to challenge common workplace practices, including collectible wage judgments and binding employment agreements. Employers must understand how new rules on wage…
New Jersey Employment Lawyer Blog
New Jersey Appellate Court Strengthens Your Right to Stay in Court When Sexual Harassment Is Part of the Case
If you have ever signed an employment agreement that says all disputes must go to arbitration, you are not alone. Many New Jersey workers sign these clauses on day one,…