“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”

“Second Circuit affirms order denying motion to compel arbitration”

“In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022), the Second Circuit affirmed order denying motion to compel arbitration, holding that there was not clear and unmistakable evidence in the parties’ contract of an intent to arbitrate arbitrability and that the appellant’s claims were not subject to arbitration.” So begins this article byContinue reading ““Second Circuit affirms order denying motion to compel arbitration””

“Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals”

In this article, available on JD Supra, Joseph Palmore and Adam Sorensen of Morrison & Foerster discuss the Supreme Court’s recent grant of certiorari. The court’s decision will have a meaningful impact on the timing of certain disputes emanating from agreements with arbitration provisions, as it will determine whether cases can proceed in a lowerContinue reading ““Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals””

“Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting”

Rebecca Gobeil of Gordon Rees offers valuable insights to contract drafters in this article available at Lexology. Although Attorney Gobeil’s focus is on construction contracts, the thought process suggested is valuable in all commercial agreements. I particularly endorse her suggestion that a “great option” is to provide for mediation as a condition precedent to theContinue reading ““Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting””

“Estop And Think: How Equitable Estoppel Can Compel Your Client To Arbitrate”

Questions about whether a non-party is to be brought within the ambit of an arbitration agreement is an ongoing issue when disputes arise. This article, by Joshua Barlow and Aakruti Vakharia of Haug Partners, available at JD Supra, provides an insightful discussion, including a review of relevant case law.

“Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions”

Jared Slater of Ervin Cohen & Jessup has this article, available at JD Supra, discussing the California Court of Appeal decision in Espinoza v. Superior Court, in which the court rejected an employer’s attempt to arbitrate a dispute based on the untimely submission of a filing fee. Although the lower court had found the delayContinue reading ““Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions””