Arbitration – Time to Fix a Flawed Forum: Gerald Sauer’s article for the Journal of Consumer & Commercial Law

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by Gerald Sauer

Businesses have increasingly embraces arbitration because it helps them avoid the roulette-wheel outcomes of jury trials. This article originally appeared in Law 360.

Arbitration has become a hot-button issue. In September, the House of Representatives passed the Forced Arbitration Injustice Repeal (FAIR) Act, intended to ban mandatory arbitration in the workplace, and California enacted AB 51, the latest state effort to protect workers from forced arbitration. The Economic Policy Institute and the Center for Popular Democracy predict that, by 2024, almost 83% of the country’s private, non-unionized employees will be subject to mandatory arbitration, an increase of 56% since 2017.

Read full story on the Journal of Consumer & Commercial Law

Gerald Sauer quoted in The Daily Journal article on contact tracing

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The Daily Journal quoted Gerald Sauer in its article, “Contact tracing orders present dilemma for businesses.”

Gerald S. Sauer, a partner at Sauer & Wagner LLP who is not involved with the case, agreed with Kernkamp that layering on the data requirement would further impact restaurants.

“What happens to the information after this is over? You’re forcing a business that’s on life support to do something extra. It’s a burden. How do they know the list won’t be compiled, sold and monetized?” he said.

Privacy concerns are why tech firms including Apple and Google backed away from partnerships with governments for contact tracing, Sauer said. Business owners are also likely worried about facing liability from patrons over data disclosure.

“The longer the pandemic goes on, the more the erosion of privacy interests,” Sauer said. “There are crises you have to take steps for public welfare but you should view it like a game of chess, not checkers. Think about moves on the board down the road so you can anticipate what happens after. There shouldn’t be a patchwork approach. California has come up with a comprehensive plan in theory that still has holes in it in the use of private information to battle this virus.”

Read full story at The Daily Journal (subscription required)