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Class action waivers are unenforceable without a mandatory arbitration agreement in place, according to a recent Appellate Division decision… Class action waivers are unenforceable without a mandatory arbitration agreement in place, according to a recent Appellate Division decision. Businesses should review their lease agreements, customer contracts, website terms of agreement, and other legal documents and […]

Mediation can be a quick and cost-effective means to resolve legal disputes. However, if your settlement agreement isn’t enforceable, all of these benefits will be lost… Mediation can be a quick and cost-effective means to resolve legal disputes. However, if your settlement agreement isn’t enforceable, all of these benefits will be lost. In New Jersey, […]

Time is of the essence when seeking to enforce an arbitration provision since arbitration is intended to speed up the dispute resolution process… Time is of the essence when seeking to enforce an arbitration provision since arbitration is intended to speed up the dispute resolution process.  As highlighted in a recent decision by the New […]

Partner David Einhorn recently served as arbitrator in a high-profile domain name dispute involving Bill Gates’ investment firm, Cascade Investment, L.L.C…. David Einhorn, Partner and Chair of Scarinci Hollenbeck’s Technology Law and Domain Name Dispute Resolution practice groups, recently served as arbitrator in a high-profile domain name dispute involving Bill Gates’ investment firm, Cascade Investment, L.L.C. Serving […]

Firms under FINRA oversight should review the predispute arbitration provisions of their customer agreements... Because Financial Industry Regulatory Authority (FINRA) recently issued Regulatory Notice 21-16 highlighting several practices that could lead to disciplinary action, advisors and firms under FINRA oversight should review the predispute arbitration provisions of their customer agreements. Investor Choice Act Would Ban Mandatory […]

The state’s highest court held that an employee’s continued employment can constitute assent to the terms of an arbitration agreement… The Supreme Court of New Jersey just made it easier for New Jersey businesses to implement employee arbitration programs. In Skuse v. Pfizer Inc., the state’s highest court held that an employee’s continued employment can […]

With courts shuttered for several months, COVID-19 has exacerbated New Jersey’s existing legal logjam... With courts shuttered for several months, COVID-19 has exacerbated New Jersey’s existing legal logjam. The number of backlogged cases this May was 153 higher than May 2019, according to the Administrative Office of the Courts. With court cases proceeding slowly, litigants […]

NJ Gov. Phil Murphy recently signed legislation that establishes new consumer protections in arbitration… New Jersey Gov. Phil Murphy recently signed legislation that establishes new consumer protections in arbitration. The new law, Assembly Bill 4972 (AB 4972), aims to reduce conflicts of interest and fee-shifting. As set forth in the statement accompanying AB 4972, New […]

Scarinci Hollenbeck Litigation Attorneys Brent “Giles” Davis and Monica de los Rios Successfully Represent Boonton Board of Education in Arbitration Dispute Lyndhurst, NJ – June 26, 2019 – Scarinci Hollenbeck successfully enjoined an arbitration on behalf of their client, the Boonton Board of Education. The case stemmed from a fire that broke out at the […]

SCOTUS Continues to Rule in Favor of Mandatory Arbitration inHenry Schein Inc. v. Archer and White Sales Inc. The U.S. Supreme Court continues to rule in favor of mandatory arbitration. In Henry Schein Inc. v. Archer and White Sales Inc., the Court held that arbitrators, rather than judges, should decide how disputes should be resolved in […]

For An Arbitration Agreement to be Enforceable, Employees Must Affirmatively Assent to the Terms While technology has made it easier for employers to execute workplace agreements, it is still imperative to keep basic contract principles in mind. Notably, for an agreement to be enforceable, employees must affirmatively assent to the terms. According to a New […]

Courts Continue to Enforce Electronic Signatures, Even When Applied to Arbitration Agreements Courts continue to enforce electronic signatures, even when applied to arbitration agreements. In Dicent v. Kaplan University, the Third Circuit Court of Appeals ruled that the plaintiff’s allegation that she never consented for her electronic signature to be attached to an arbitration agreement was not supported by the evidence, citing that the plaintiff clicked a […]