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Arbitration

Friday, November 1, 2019

ERISA Arbitration is Here to Stay


Thirty-five years after deciding that arbitration clauses in employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) were unenforceable, the U.S. Court of Appeals for the Ninth Circuit became the last circuit to approve the use of mandatory arbitration clauses in ERISA benefit plans.  In this decision, Dorman v. Charles Schwab Corp, the court decided that an ERISA plan could limit participants to the use of individual arbitration as the sole forum for resolving certain benefits claims.
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Wednesday, October 30, 2019

CALIFORNIA SHOWS THE WAY TO CONSTRAIN EMPLOYMENT ARBITRATION


Since the 1991 Supreme Court case, Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, the Supreme Court has steadily broadened the use of the arbitration in the employment context.
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Monday, March 4, 2019

The Forced Arbitration Injustice Repeal Act (“FAIR Act”)


Because of the widespread use of arbitration clauses in employment and consumer agreements, Congress seeks to rein in their use.  The most ire was brought on by the use of these agreements to prevent employees and consumers from bringing class action lawsuits.  To address these concerns, the U.S. Rep.
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The Law Office of Ronald B. Weisenberg is located in NYC, and focuses on the needs and rights of employers and employees, Trade Secret and Restrictive Covenant matters, and Commercial Litigation. His office serves New Jersey, Manhattan, Brooklyn, Queens, and Staten Island.



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