We Called It (Again)! In Justice Gorsuch’s First Arbitration-Related Opinion, SCOTUS Holds Unanimously in New Prime that the FAA Exempts Independent Contractors
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In the first arbitration-centric Opinion authored by Justice Gorsuch, the Supreme Court on January 15th holds unanimously in New Prime, Inc. v.

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We Called It! In Justice Kavanaugh’s First Opinion, SCOTUS Holds Unanimously in Henry Schein That There’s No “Wholly Groundless” Delegation Exception under the FAA
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In the first Opinion authored by Justice Kavanaugh, the Supreme Court holds unanimously in Henry Schein, Inc. v. Archer & White Sales,

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Martians, Baloney, and Laughter: SCOTUS Hears Oral Argument in Henry Schein. Seems To Us the “Wholly Groundless” Delegation Exception Is on Borrowed Time
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Judging by the questions in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (always a risky endeavor), it seems like the Court will hold that under the Federal Arbitration Act (“FAA”) there is no delegation carveout for “wholly groundless” assertions of arbitrability.

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SCOTUS Rules in Epic Systems. What it Means for Securities Employment Arbitration
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By George H. Friedman*

SAC Board Member and Contributing Legal Editor

[This guest blog post is derived from a feature article by the same name appearing in 2018:3 Securities Arbitration Commentator]

In a 5-4 decision split along ideological lines,

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SCOTUS Grants Certiorari in First Circuit Case with Two Key FAA Holdings
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(1) Judges, Not Arbitrators, Decide Whether FAA Applies under a Delegation Clause; and (2) Independent Contractors Are “Employees” for FAA Section 1 Purposes.

As we predicted last year,

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Dodd-Frank Whistleblower Sent to Arbitration in Statutory Anomaly: Daly v. Citigroup Inc. & Citigroup Global Markets, Inc.
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By Jill I. Gross

A whistleblower claim brought pursuant to the Dodd-Frank Act is arbitrable where it is covered by a valid arbitration agreement.

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