Arbitrability Is for the Arbitrator to Decide
Client Alert | 1 min read | 04.02.13
In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 29, 2013), in which C&M represented the defendant, the court, after dismissing both FCA claims a week earlier, stayed the relators' retaliation claims, despite their allegations that the arbitration provision in their independent contractor agreements were unconscionable and that arbitrability was for the court to decide. The court held that the parties had delegated the question of arbitrability to the arbitrator with "clear and unmistakable intent" by incorporating the AAA Commercial Rules into the agreements, a delegation which relators failed to challenge, thus leaving it to the arbitrator to decide whether other terms of the agreements made the arbitration provision unconscionable and unenforceable.
Insights
Client Alert | 4 min read | 07.02.25
Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies.
Client Alert | 3 min read | 07.02.25
USPTO's Upcoming Changes to the Accelerated Examination Program
Client Alert | 2 min read | 07.01.25
DoD Establishes New DOGE Approval Process for ITC&MS and A&AS Contracts
