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 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


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:

  1. 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? 
  2. Arbitration Provision: Does the agreement require arbitration?  Is it

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


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