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An Epic Precedent Entails Enforcing a Class Action Waiver in an Employment Dispute: Lavar v. Credit Suisse Securities (USA), LLC
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By Christopher G. Lazarini

*Class action waivers in employment agreements are enforceable. **FINRA Rule 13204’s prohibition against compelling a member of a certified or putative class to arbitrate may be contractually waived.

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SCOTUS Hears Oral Argument in Lewis FAA Preemption Case. Lots of Questions for All Sides
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Oral argument took place October 2nd before the Supreme Court in Epic Systems Corp. v. Lewis, 137 S.Ct. 809 (2017), the first case of the Court’s new Term.

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Arbitration Clause Catapults Case Across a Continent: Britvan v. Cantor Fitzgerald, L.P.
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By Paul J. Dubow

*A party challenging enforcement of a forum selection clause may not base its challenge on a choice of law analysis.

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Court Eschews Bright Line Test of Consideration for Non-Solicit Clause: R.J. O’Brien & Assoc., LLC v. Williamson
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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,

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Appeal Offs Arbitration Agreement Added After Initiation of Employment: Milloul vs. Knight Capital Group, Inc.
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By David C. Franceski, Jr.

In order to constitute an enforceable waiver of the right to try statutory employment claims in court,

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When “Winning” Is Not the Same as “Prevailing” in Arbitration: Lehner v. LPL Financial, LLC
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An arbitration panel does not violate a contract provision that entitles the “prevailing party” to an award of attorney fees by failing to make such an award to a successful claimant who recovers only a fraction of his compensatory damage request.

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