Join Clark Hill’s Commercial Real Estate attorneys and industry professionals for a timely and dynamic program in Dallas, focusing on the latest challenges and top trends in the CRE industry.

In O’Dell v. Aya Healthcare Services, Inc., the Ninth Circuit addressed whether plaintiffs can use a procedural mechanism, non-mutual offensive collateral estoppel, to avoid enforcement of arbitration agreements—and held they cannot. The decision carries significant implications for employers facing multi-plaintiff claims.

On May 7, 2026, a divided three-judge panel of the U.S. Court of International Trade (“CIT”) held that President Trump exceeded the statutory authority under Section 122 of the Trade Act of 1974 when he imposed the Administration’s temporary 10 percent “balance‑of‑payments” tariffs earlier this year.