Waiving Arbitration Goodbye: No Showing of Prejudice Required

Arbitration is a hot topic. In a key decision in Morgan v. Sundance, Inc., the United States Supreme Court recently made it easier for a party to argue that an opponent has waived its right to arbitrate a matter. Until the decision in Morgan, parties would routinely initiate legal action in courts against an adversary despite having a written agreement to arbitrate disputes arising from that agreement (the reason for this varied, but included the desire to burden an opponent with the need to file a motion to compel arbitration).

CA Supreme Court Establishes New Meal and Rest Period Pitfall for Employers

Last week, the California Supreme Court clarified a previously ambiguous aspect of Labor Code Section 226.7, which requires an employer to pay an employee one additional hour of pay at the regular rate of compensation when the employer fails to provide a legally compliant meal period or rest break. While it was previously assumed this premium compensation is considered a “penalty,” the Supreme Court decided in Naranjo v. Spectrum Security Services, Inc. that it is a wage.

Using Artificial Intelligence in your Hiring Practices: Possible Violation of the Americans with Disabilities Act

You may have heard about the “Great Resignation” recently – the growing trend where employees are resigning in great numbers. Competition between employers is fierce to attract and hire top talent. To expedite this process, employers may opt to use software programs that streamline this process by employing artificial intelligence (“AI”) and algorithms to make staffing decisions.

Four Things to Focus On When Negotiating a Master Services Agreement

When two businesses enter into a service transaction, they sometimes execute a Master Services Agreement (“MSA”). You can think of an MSA as a “master” contract that establishes the foundations of the parties’ current and future contractual activities. MSAs provide terms that govern each subsequent transaction between the parties—such as payment terms, warranties, dispute resolution, and termination provisions.

Musk’s Bid to Purchase Twitter Highlights the Importance of NDAs

Even the wealthiest man on earth must contend with non-disclosure agreements. Elon Musk recently made headlines when he offered to purchase Twitter and take the company private for $44 billion. Over the weekend, Musk disclosed that Twitter accused him of violating its NDA when he publicly revealed Twitter’s policies regarding the regulation of bots.