Smooth Transitions

Smooth Transitions

Addressing the Legal issues arising from the departure of employees & Business breakups

Category Archives: Arbitration

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Top 10 From Texas Non-Compete Camp

Posted in Arbitration, Confidentiality, Non-Compete Agreements, Non-Solicitation Agreements, Presentations, Trade Secrets, Trial and Pre-Trial Procedure
Last week I had the privilege of speaking and attending the Texas Non-Compete Camp put on by UT LAW CLE and Mike Maslanka. ┬áThere were a number of great lawyers there addressing topics ranging from whether to sue the new employer of a former employee to ethical considerations of representing both the employee and employer.… Continue Reading

Texas Arbitration – How much is too much?

Posted in Arbitration
                          Sometimes parties ignore arbitration provisions… We’ve talked here previously about the pros and cons of arbitration and alternatives to arbitration such as jury trial waivers. That determination is really tied to the type of disputes an employer might have, the frequency of disputes, and other circumstances that are subjective. Believe it or not there… Continue Reading

More Thoughts on Arbitrating Non-Competes

Posted in Arbitration
                             Last week we considered the implications of the Supreme Court’s recent non-compete opinion.  A few additional thoughts on the pros/cons of arbitrating non-competes: The majority of non-compete or non-solicit cases will resolve themselves at the temporary restraining order or temporary injunction… Continue Reading

Should Employers Arbitrate Non-Compete Claims?

Posted in Arbitration, Non-Compete Agreements
                     Employers generally like to include arbitration agreements in their employment agreements because it keeps them out of court and away from juries.  There are pluses and minuses when it comes to arbitration that we have discussed previously.  Some arbitration agreements also apply to enforcement of non-compete, non-solicit, and other post-employment covenants.  The United States… Continue Reading

Venue – Waiver – Arbitration

Posted in Arbitration
                     Whenever I’m asked to review an employment agreement or contract there are three initial provisions I look for: The Venue Provision:  If there is a dispute over the agreement does it specify where any lawsuit must be filed(City/County/State)?  Does it specify state or federal court?  Arbitration Provision: Does the agreement require arbitration?  Is it governed… Continue Reading

Financial advisor update.

Posted in Arbitration, Financial Advisors
Predictions about a slowdown in financial advisor recruiting appear to be premature. Last week, Wells Fargo, which purchased Wachovia, which purchased AG Edwards, announced it was looking to add 1400 financial advisors.  It plans to recruit 400 new advisors and obtain the others from other firms. This comes on the heels of reports that BofA intends to add 2000 advisors.… Continue Reading

Arbitration – BofA SEC Settlement – NY AG Lawsuit

Posted in Arbitration, Executive Compensation
A couple of quick hits on issues previously addressed: Arbitration BofA is one of a number of banks to drop mandatory arbitration provisions in their agreements with credit card holders. It follows JP Morgan Chase which stopped referring credit card disputes to arbitration last month.  The tide seems to be turning against arbitration in the consumer… Continue Reading

Arbitration Follow Up

Posted in Arbitration
                                         In a previous entry I addressed the Fifth Circuit Court of Appeals’  recent ruling making arbitration awards virtually impossible to appeal in Citigroup Global Markets Inc. v. Bacon.  A few weeks later, the U.S. Supreme Court upheld an arbitration agreement that required employees who were parties to a collective bargaining agreement to arbitrate their… Continue Reading

How to avoid the Courthouse? Arbitration clauses.

Posted in Arbitration
                                         Employers use arbitration clauses to encompass a myriad of claims that might be asserted by departing employees.  In a recent opinion from the Southern District of Texas, U.S. District Judge Andrew Hanen granted an employer’s motion to compel arbitration claims asserted by six employees for violations of the Fair Labor Standards Act.  Surprisingly, the… Continue Reading