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Labor/Employment,
9th U.S. Circuit Court of Appeals

Aug. 20, 2021

The ‘don’ts’ of drafting employment arbitration agreements

A recent 9th Circuit ruling provides guidance on how to draft agreements that are neither procedurally nor substantively unconscionable.

Arthur F. Silbergeld

Employment Law Partner
Thompson Coburn LLP

Labor & Employment

Phone: (310) 282-2529

Email: asilbergeld@thompsoncoburn.com

Temple Univ Law School

Arthur is based in Los Angeles and is in the firm's Labor & Employment Practice Group.

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Kacey R. Riccomini

Business Litigation Partner
Thompson Coburn LLP

2029 Century Park E Fl 19
Los Angeles , CA 90067-2934

Phone: (210) 282-2511

Email: kriccomini@thompsoncoburn.com

Kacey R. Riccomini represents a wide range of clients, from Fortune 500s to smaller businesses, in state, federal, and appellate courts, before various dispute resolution agencies, and at all stages of litigation, including trial. She has successfully defended employers of all sizes against wrongful termination, discrimination, retaliation, harassment, wage and hour claims, and representative actions, including class and Private Attorneys General Act claims.

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Since the California Supreme Court decision in Armendariz v. Found. Health Psychcare Servs., Inc., 24 Cal.4th 83 (2000), California employers have been on notice to exercise extreme care in crafting agreements requiring that employees resolve employment disputes in arbitration. When an employer files a motion in court to enforce an ag...

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