Page 6 - Fourth Circuits News Today

States have recently passed laws targeting a range of protest actions. How exactly do these statutes work and what constitutional questions do they raise?

The battle concerning California’s Assembly Bill (AB) No. 51—the law seeking effectively to ban mandatory employment arbitration in California—continues to rage.

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit...

U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act did not preempt California’s ban on mandatory arbitration contracts

Until recently, the U.S. Supreme Court (Supreme Court) was poised to decide a five-circuit split that would affect the way many international companies conduct foreign arbitrations going forward.

Arbitration provisions are common features of commercial agreements.

Arbitration provisions are common features of commercial agreements.  Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the...

On September 17, 2021 in a 2-1 decision, the Ninth Circuit held that unless the delegation clause itself is invalid, the arbitrator must decide the prospective waiver issue, even if a choice-of-law clause in the arbitration agreement may cause a party to waive federal rights.

California employers may no longer require employees to sign arbitration agreements covering claims under the Fair Employment and Housing Act (FEHA), the state’s discrimination,...

This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give...