On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered unenforceable any “provision in an employment contract that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment.” On August 30, 2019, business advocates filed a lawsuit in the District of New Jersey, N.J. Civ. Justice Inst. v. Grewal, arguing that the Federal Arbitration Act (FAA) preempts this amendment by effectively prohibiting the enforcement of pre-dispute arbitration agreements between employers and their employees for claims under the NJLAD.
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This article first appeared on McDermott Will & Emery’s IP Update, here. The US Court of Appeals for the Federal Circuit found that a license agreement between two parties required...
By Ralph E. GaskinsIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about witness examinations during virtual hearings, especially in a digital world and faced with...
By Julie Hopkins, Rachel Goedken, Linda Michler, Amy SchmitzIntroduction As our readers know, the Supreme Court just concluded a very busy Term that included an unprecedented five arbitration-centric decisions (all of which we have covered in detail).[1] Four of...
By George Friedman
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