“Nixon Peabody Says Ex-Partners Must Arbitrate Clawback Accusations Against Firm”

This article, by Dan Packel at The American Lawyer, discusses a dispute between Nixon Peabody and five former partners who left the firm and joined DLA Piper. The current issue, arising in the context of a disagreement regarding Nixon Peabody’s efforts to recoup bonuses paid to the departing partners, centers on whether a contractual requirement to mediate as a precondition to arbitration has been satisfied. An affidavit submitted by Nixon Peabody general counsel indicates that, while a mediator had been selected, the mediation did not proceed due to the mediator’s reluctance to hold an in person mediation during the pandemic.