“Collision Course: The Consequences of Conflicting Forum-Selection Provisions”

Confronted with conflicting dispute resolution provisions between the employment and LLC agreements that encompassed the relationship between a principal of an investment firm and his partners, the Delaware Chancery Court issued this opinion in Fairstead Capital Management LLC v. Blodgett. Sidley Austin’s Heather Benzmiller Sultanian and Rebecca B. Shafer provide a thorough analysis of theContinue reading ““Collision Course: The Consequences of Conflicting Forum-Selection Provisions””

“The ‘I Do Not Recall Signing’ Defense to Arbitration Agreements Ruled Out by California Court of Appeal”

Scott Jang of Jackson Lewis has authored this article, available at Lexology, discussing the California Court of Appeals decision in Iyere v. Wise Auto Group. As suggested by the article’s title, Mr. Jang’s takeaway is that, especially when an arbitration agreement contains the employee’s signature, the “decision may aid employers seeking to enforce arbitration agreementsContinue reading ““The ‘I Do Not Recall Signing’ Defense to Arbitration Agreements Ruled Out by California Court of Appeal””

“A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues”

John Lewis of Baker Hostetler provides thorough summary of the recent decision by the Southern District of New York in Mullo v. DoorDash, Inc. The analysis, available at Lexology, discusses the court’s treatment (and rejection) of a “grab-bag of arguments” challenging arbitrability, including consent, class waiver and structural arbitrator bias. The takeaway for Mr. LewisContinue reading ““A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues””

“When Contract Interpretation Principles Matter: Court Provides A Roadmap For Avoiding Ambiguous And Contradictory Interpretations Of Arbitration Clauses”

Rebecca Bjork of Duane Morris has authored this article, available at Lexology, discussing the Southern District of New York’s decision in Querette v. Chromalloy Gas Turbine, LLC, As Attorney Bjork notes, “the Court’s order represents a master class in how to properly apply contract interpretation principles and enforce all clauses in arbitration agreements.”

Alleged Sexual Assault Of Golf Club Employee By (Former?) Member Of Club Raises Panoply Of Arbitration Issues

By: Rob Harris The Michigan Court of Appeals’ recent decision in S.P. v. Lakelands Golf and Country Club raised a number of arbitration-related issues pertaining to a golf club employee who alleged she suffered a workplace sexual assault by an individual who, based on who you believe, was asserted to be either a “member-owner” orContinue reading “Alleged Sexual Assault Of Golf Club Employee By (Former?) Member Of Club Raises Panoply Of Arbitration Issues”