Diane Saunders of Ogletree Deakins has this article, available in The National Law Review, discussing the First Circuit’s recent decision in Bossé v. New York Life Insurance Co. et al., pursuant to which she notes that “employers operating within the First Circuit can be more confident that if their arbitration agreements contain delegation clauses that clearly and unmistakably manifest an intent to delegate issues of arbitrability to arbitrators, courts within the First Circuit will likely enforce the clauses.” As the article describes, in Bossé, the court enforced an arbitration clause that provided it would “survive termination” of an underlying employment agreement, when subsequent to the employment relationship, “Bossé transitioned back to working as an agent under a separate agent agreement, which did not have an arbitration clause.”
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