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Arbitration Clauses Will Not Be Enforced Against Employees Who Engage in Interstate Commerce - and What Comprises Interstate Commerce Is Not Always Obvious

USA - April 13 2021 As part of your company’s onboarding process, all employees sign an agreement making it crystal clear that if there ever is any dispute between them…

Be Sure Your Arbitration Clause Clearly States Who Will Decide Whether a Dispute Is Arbitrable

USA - November 10 2020 One of the prime reasons many companies require employees to arbitrate disputes is to ensure confidentiality. Indeed, absent an arbitration provision…

Even a “Bullet-Proof” Forum Selection Clause Might Be Vulnerable

USA - August 20 2020 When Jeremy Hernandez, a California resident, went to work for Oxford Global Resources, a Massachusetts company, in 2013, he signed a non-competition…

Keeping Internal Investigations (and Other Communications) Privileged

USA - May 5 2020 Dennis Burke is the well-known surgeon who blew the whistle on a surgical practice at the Massachusetts General Hospital known as “concurrent…

Top Advice from In-House Counsel: Part 2

USA - April 7 2020 On April 2nd, the In-House Advisor convened a second video conference of General Counsel and Corporate Counsel to discuss how their businesses are…