Author Archives: Joanne Madden

Joanne Madden

About: Joanne Madden

Joanne Madden is a partner in the firm’s San Francisco office. She focuses her practice on labor and employment, product liability, transportation and general liability and casualty matters. Joanne advises clients on contractual issues that arise in the representation franchisees and franchisors, vendor and retailers, distributors and manufacturers, contractors, and public entities.

DOJ Backs Class Action Waivers

The United States Department of Justice (DOL) has made an about face and now takes the position that class action waivers in arbitration agreements are enforceable.   The change in position from the Trump Administration’s DOJ has gained national headlines. The Courts of Appeal are split on the enforceability of these waivers, while the National Labor Relations Board maintains they are unenforceable. The Obama-era DOJ agreed with the National Labor Relations Board’s position that such waivers are unenforceable because they infringe on employees’ collective bargaining rights. The current DOJ, acting in accordance with the executive branch’s policy shift as a result …