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
Last week we profiled the Nationsbuilders case, an opinion from the Dallas Court of Appeals that touched on a number of post-employment covenant issues. The underlying case was an attempt by a group of defendants to undo an arbitration award entered against them. They were successful with the trial court but reversed by the court
Recently, an interesting case came out of the Dallas Court of Appeals that addressed a number of the topics dealt with here, including arbitration, choice of law, and equitable extension of a non-compete agreement. A copy of the opinion can be found here. In short, the defendants sold their insurance underwriting company to the
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:
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
Whenever I’m asked to review an employment agreement or contract there are three initial provisions I look for:
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
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
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
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