“Employee-Specific Arbitration Agreements: Could They Backfire for Buyers?”

Tony W. Torain, II, in this article published in National Law Review, discusses the ways in which “a sophisticated plaintiffs’ bar has found a way to combat the proliferation of mandatory arbitration agreements,” by bringing a multitude of individual arbitration claims. He argues that “[i]n negotiating merger transactions, prospective buyers should be aware of the potential costs that arise from these agreements and should conduct due diligence appropriately.”

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