PUBLISHED PAPERS

December 2020

4 TIPS FOR EMPLOYERS AFTER 11TH CIRCUIT SUPPORTS $4M ARBITRATION AWARD

December 15th, 2020|MEDIA, PUBLISHED PAPERS|

"Employers should not view alternative dispute resolution provisions as one-size-fits-all."   By Don Hayden & Yaniv Adar, Law360 | December 15, 2020  In an employment or consumer context, people generally assume that mandatory arbitration provisions are a unilaterally imposed tool of the corporation with far superior bargaining power to the [...]

November 2019

August 2017

CONTROLLING COSTS IN ARBITRATION

August 27th, 2017|PUBLISHED PAPERS|

By Don Hayden While arbitration remains the best mechanism to ensure neutrality and enforceability of cross-border disputes, it has come under fire in the last decade, particularly from some corporate counsel and practitioners given a perceived rise in the cost of arbitrating commercial disputes. Recent surveys of US corporate counsel [...]

SUPREME COURT DECISION STRENGTHENS PROTECTIONS TO PREGNANT EMPLOYEES UNDER FEDERAL PREGNANCY DISCRIMINATION ACT.

August 27th, 2017|PUBLISHED PAPERS|

By Don Hayden On March 25th, the U.S. Supreme Court issued a very favorable decision for pregnant employees seeking protection under the Pregnancy Discrimination Act, 92 Stat. 2076, 42 U.S.C. §2000 et. seq. (“PDA”), that may have far reaching implications in other employment discrimination claims depending upon how one interprets [...]

INTERESTING DEBATE ON SEPARATION OF POWERS DOCTRINE ANTICIPATED IN UPCOMING FLORIDA SUPREME COURT ARGUMENT OF APPROPRIATENESS OF EXPERT STANDARD IMPOSED BY LEGISLATURE

August 27th, 2017|PUBLISHED PAPERS|

By Don Hayden In July 2013, Section 90.702 of the Florida Evidence Code, which governs the admissibility of expert testimony, was amended to adopt the same standard for admission of expert testimony used by federal courts and the majority of state courts since the US Supreme Court’s decision in Daubert [...]

July 2017

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