Hugh Baran Examines the Interpretation of Interstate Commerce and the FAA Exemption

Hugh Baran (’19), Attorney at Kakalec Law PLLC, was quoted by Law360 regarding the debate before the Supreme Court of whether certain workers are considered interstate transportation workers and therefore exempt from requirements under Section 1 of the Federal Arbitration Act (FAA) (“The High Stakes Of Arbitration And Interstate Commerce,” Mar. 16).It’s the question of whether workers are going to have the fair opportunity to present their claims collectively before judges and juries, or be forced into these private secret arbitrations. . . . The various cases that are trying to put a percentage or a number on how much sort of interstateness makes you engaged in interstate commerce, I think, are kind of missing the point.” Noting progress in the bipartisan initiative behind the recently signed Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, Hugh said, “That new law doesn't cover all causes of action, but it’s a huge step forward. It shows the direction of the laws really moving away from this regime of forced arbitration that we unfortunately still are currently living with.”