Should I opt out of confidential arbitration?

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Should I opt out of confidential arbitration?

Post by Anonymous User » Tue Apr 14, 2020 10:40 pm

I recently lateraled, and my new biglaw firm provides a 30-day window for opting out of the confidential arbitration provision in my employment agreement. Should I opt out?


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Re: Should I opt out of confidential arbitration?

Post by Whatislaw » Wed Apr 15, 2020 1:49 am

It'd a smart call. If you're in CA, this is likely a response to AB51 and the fact a preliminary injunction is in place, but Plaintiff-side bar won a "key" factor so to speak that is currently tipping scales in favor of Plaintiff's bar for AB51 purposes.
Last edited by QContinuum on Wed Apr 15, 2020 11:06 am, edited 1 time in total.
Reason: Outed for anon abuse.


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Re: Should I opt out of confidential arbitration?

Post by QContinuum » Wed Apr 15, 2020 11:11 am

To be clear, no one in this thread is providing legal advice regarding the desirability (or lack thereof) of opting out of OP's (or, indeed, any) arbitration clause. Rather the advice is regarding whether opting out would have any negative social/career development consequences at the firm. To that point, I echo smcphils' sense that, in all likelihood, the lawyers at the firm won't care or even know if OP opts out. Typically this kind of paperwork would be processed by HR staff, and no lawyer would ever even lay their eyes on it (unless and until OP sues the firm, of course, which hopefully will never happen).

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