AT&T Implements Baseball Arbitration to Save Time Warner Merger

The AT&T / Time Warner merger has been a subject of antitrust controversy for quite some time. Although vertical mergers are generally less-heavily scrutinized than horizontal mergers, the U.S. Department of Justice fought to block the acquisition. In February, a three-judge panel in the Court of Appeals for the District of Columbia affirmed the District’s Court’s approval of the acquisition, in part due to AT&T’s baseball-style arbitration agreements.

Baseball style arbitration, also known as “final-offer arbitration” requires opposing parties to blindly submit a proposed award to the arbitral tribunal. The proposed awards are published before a hearing takes place. After publication (and […]

AT&T Implements Baseball Arbitration to Save Time Warner Merger 2019-04-03T09:14:42+00:00

Uber’s Arbitration Clause Deemed Unconscionable in Canada Court of Appeals

In the Ontario Court of Appeal’s first decision of 2019, the Court unanimously reversed a stay of proceedings and allowed a class action suit to continue within the judicial system, despite an arbitration clause between the parties.

Currently, Uber drivers are considered independent contractors and are not entitled to the protections granted by the Ontario Employment Standards Act (ESA).The case, Heller v. Uber Technologies, Inc., is merely the latest arena in which Uber drivers demand to be classified as employees, who are entitled to statutory benefits under the ESA such as minimum wage, vacation pay, and other protections. […]

Uber’s Arbitration Clause Deemed Unconscionable in Canada Court of Appeals 2019-04-03T09:10:32+00:00