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The Pros and Cons of Requiring Workplace Arbitration

175660493The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.

Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading

Post-Dispute Adoption of Arbitration Bylaw Fails

466168267The following is a guest blog post by Richard G. Burt. Mr. Burt provides legal services to new and established businesses, including forming business entities, negotiating and drafting agreements, and advising clients on business law issues.

Recent court decisions in other states allowing enforcement of certain “forum selection” clauses in corporate bylaws has sparked much discussion on the scope of such clauses. A California court has just weighed in and made it clear that a forum selection clause in corporate bylaws can’t simply be amended to require arbitration of a dispute that’s already pending in court. Continue reading

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