Practice Points

New York Law Prohibiting Arbitration of Sexual Harassment Claims Is Preempted

By Mitchell L. Marinello – September 12, 2019 | State legislatures and courts are constantly trying to create ways around arbitration agreements, and either do not consider or concern themselves with federal law in this area.

California Court Discusses Another Exception to Doctrine of Officio Functus

By Joel Levine – September 4, 2019 | The California Supreme Court explained that the doctrine applies only after the arbitrator’s assigned duties have ended and is not so rigid as to always apply after the issuance of an award.

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New Jersey Supreme Court Rights Course of Arbitrability

By Robert E. Bartkus – August 7, 2019 | The court ruled that arguments of bait-and-switch fraud or of agreements that were not “knowingly and voluntarily” signed and agreed to must be decided by the arbitrator.

Supreme Court Resolves Circuit Split Regarding FAA’s Section 1 Exemption

By P. Jean Baker – May 23, 2019 | A court must decide if an employment contract is subject to the exemption of transportation workers, and “independent contractors” fall within the scope of the exclusion.

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Sound Advice Podcasts

Preparing For Your First Arbitration Pre-Hearing

By Joan Stearns Johnsen – November 6, 2018 | Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)

Should You Take Discovery Before Mediating?

By Joan Stearns Johnsen – November 6, 2018 | How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)

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