My colleague Brian Berkley in Philadelphia wrote a piece in today’s Law360 titled “Can Opt-Out Provisions Save Arbitration Clauses?” He focuses on recent litigation involving Uber and its efforts to enforce arbitration agreements (which include class action waivers) against employees seeking to litigate wage and hour claims in court. Brian explains that Uber

Some of the more recent cases to strike down workplace arbitration agreements complained that the agreements didn’t include a copy of the applicable arbitration provider’s rules. One of these, Wisdom v. AccentCare Inc. (pdf), is awaiting review by the California Supreme Court. Another, Mayers v. Volt Management Corp. (pdf), is the subject of a pending