Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit potential exposure to large damage awards in employment cases. This is especially true in the context of class and collective action cases. Last week, U.S. House Democrats reintroduced legislation that seeks to overrule Epic by prohibiting and invalidating employment agreements in which an employee promises not to join, litigate, or support any kind of joint, class, or collective claim relating to an employment dispute…
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This article was first published on the Arbitration Matters blog, here. In Black & McDonald v. Eiffage Innovative Canada Inc., 2022 ONSC 1855, Justice Dow was faced with two motions: (1)...
By Lisa C. MunroIn this episode of the Arbitration Conversation Amy interviews Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. Ashley is an arbitrator for the American Arbitration Association, serving on its...
By Ashley Rafael, Amy SchmitzThis article first appeared on the Securities Arbitration Alert (SAA) blog, here. Margin debt in February grew to $814 million, up dramatically from a year ago. What this portends for...
By George Friedman
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