Changes for CA Gig Economy: Know Your ABCs
The U.S. District Court for the Southern District of New York has held that the Federal Arbitration Act preempts state laws that prohibit mandatory arbitration of sexual harassment claims.
Contracts
Supreme Court: Classwide Arbitration Requires Explicit Consent
On April 24, 2019, the United States Supreme Court issued its decision in Lamps Plus, Inc., et. al. v. Varela, No 17-988. In a 5-4 opinion, the Court held that an ambiguous agreement cannot provide the requisite contractual basis to support a finding that the parties agreed to submit a dispute to class arbitration.
The Continued Decline in Major League Baseball’s Labor Market
Noah J. Goodman (LAW ’16) analyzes the opportunity cost incurred by MLB players who sign contract extensions that delay free agency.
The Supreme Court Is Less “Pro-Arbitration” Than You Think, But Not in a Good Way
Temple Law’s own Professor Pamela Bookman discusses arbitration with respect to international commercial litigation. #Temple10Q
First Circuit: Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”
Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company’s arbitration clause could not be enforced because it was not “reasonably communicated” to its customers during the online contracting process. The decision is a stark reminder that great attention needs to
Working Group Drafts Model Contract Clauses to Prevent Human Rights Violations
Susan Maslow (LAW ’82) discusses the Working Group to Draft Human Rights Protections in Supply Contracts.
Taxation of Long-term Contracts: Little Pigs, the IRS, and the Completed-Contract Method
Summarizing recent case adverse to IRS, James R. Malone Jr. (LL.M. ’11) comments: “Little pigs get fed. Big pigs get slaughtered”
SCOTUS Raises the Bar on Materiality in False Claims Act Lawsuits
The implied false certification theory of liability under the False Claims Act (FCA) is premised on the notion that a person who does business with the federal government, by the very act of submitting a claim for payment, has impliedly certified compliance with the often numerous statutes, regulations, and contract terms that govern the contractual
Gambling on Revel Casino
The failure of Revel Casino is in many ways the failure of Atlantic City. Simply, there were too many casinos, not enough customers. Prior to competition from Delaware, New York, and most notably Pennsylvania, the Atlantic City market reached a high point in 2006 with gaming revenue of $5.2 billion. By 2014, that number had