Arbitration agreements in employment agreements may not be enforced, absent special care given by employers when hiring employees.

Although it is common practice among retailers to use form contracts presented to consumers for signing without explanation and without an ability to negotiate any of the terms, a court recently held that an arbitration clause in a form contract for the purchase of a used vehicle was unenforceable.

When is a retraction not a retraction? When a court edits it. In Kelly Sutherlin McLeod Architecture, Inc. v. Schneickert, the California Court of Appeal ruled that if an arbitration agreement is broad enough and if the applicable arbitration rules are, too, then an arbitrator may require a retraction of defamatory statements.  However, the appellate court [...]

The California Court of Appeal recently found that a plaintiff’s election to proceed far into their lawsuit waived their contractual right to arbitrate the dispute.