Who’s The “Company”?
In corporate groups, who employs whom may not be entirely clear. For example, an employee may have an employment agreement with a subsidiary but think of herself as being employed by the corporate parent. The identity of the employer may be critically important. For example, it may determine whether the employee is entitled to indemnification. See Court of Appeal Holds Read more...
What Happens When Some Investors Agree To Arbitration But Others Don’t?
Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void. Yesterday, the Fourth District Court of Appeal tackled the question of what happens when some investors agree to arbitrate their claims Read more...
Achilles’ Shield And Judicial Review Of Arbitration Awards
This month, I revisited the Huntington Library in San Marino, California. Among other things, I wanted to have another look at the Shield of Achilles, John Flaxman’s magnificent re-imagining of the shield crafted by Hephaestus and brought to Achilles by his mother, Thetis. Homer describes the shield in the Iliad. The silver-gilt shield is a stunning work of art, but it also depicts Read more...
U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void
A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California. Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. ___ (2012) involved a dispute between an employer and two of its former employees. The employees had signed confidentiality and noncompetition agreements that included arbitration clauses. When the Read more...
