Category Arbitration

Epic Systems v. Lewis: Arbitration Agreements and Employers' New, Protective Shield from Employee Lawsuits

Introduction A recent 5-4 Supreme Court decision marks a major victory for employers interested in a new tool for their arsenal to protect their businesses from potential class action litigation. The Ruling The case, Epic Systems Corp. v. Lewis, largely pitted the Federal Arbitration Act (“FAA”) against the National Labor Relations Act (“NLRA”).... Read More

Factors in Choosing Between Arbitration and Litigation

In drafting contracts, one provision that must be considered for inclusion is the way disputes are resolved.  Some parties, especially those in the construction or financial industries, have a preference for using arbitration to resolve disputes, while others prefer the traditional route of resolving disputes in a courtroom.  There are potential... Read More