Those looking for a sign of how the post-Scalia Supreme Court will view arbitration issues may have gotten that sign – “not very interested” – based on recent denials of certiorari by the Court.
By George H. Friedman*
[The author thanks the Securities Arbitration Commentator for letting him borrow liberally from its Securities Arbitration Alert]
Arbitration law practitioners sometimes forget that the Federal Arbitration Act (“FAA”) does not by itself establish independent federal subject matter jurisdiction.
By Sarah G. Anderson
In Illinois, the test for whether a non-solicitation agreement is supported by sufficient consideration to enforce against an employee at will is a fact-specific inquiry,
In early 2015, we covered Sgouros v. TransUnion, Corp., No. 14 C 1850 (N.D. Ill. Feb. 5, 2015), where the Court refused to enforce an online predispute arbitration agreement (“PDAA”) contained in “clickwrap” or “browsewrap” Terms of Service (“TOS”) because there wasn’t clear notice of the TOS (see SAA 2015-08).