Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held. Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022). The Court’s decision overrules the California’s Supreme Court decision in Iskanian v. CLS Transp....
Effective July 1, 2022, college athletes in South Carolina can earn compensation for the use of their name, image, or likeness (NIL) and to obtain agents. Senate Bill 685, signed by Governor Henry McMaster, applies to eligible intercollegiate athletes and post-secondary educational institutions in South Carolina. It prohibits such institutions from adopting or maintaining contracts,...… Continue Reading
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For the second time in Amgen Inc. v. Harris, the Supreme Court reversed the Ninth Circuit because of its failure to apply the proper pleading standard for claims alleging breach of the duty of prudence against fiduciaries who manage employee stock ownership plans (ESOPs). The Supreme Court’s opinion sets forth a specific, stringent pleading standard … Continue Reading
