Employment lawyers can argue about the pros and cons of arbitration versus court cases all day long, but the “right” answer from a strategic perspective, and real driver as applied in any specific case (we are, after all, advocates for our clients’ positions), always depends on the circumstances at issue and side you are on. Generally, there is a positive correlation for company lawyers, and negative correlation for plaintiff-side lawyers, between sensitivity/risk and the desire to have arbitration. That is, with sensitive/risky matters (primarily defined as involving bad publicity that can damage the company or its executives, large dollars and/or the uncertainty involved in a “run away jury”), companies want to arbitrate and plaintiffs do not. In contrast are more “mundane” matters (ie. no risk of bad publicity and small damages), where companies and plaintiffs align more often in wanting arbitration.(more…)
I am very pleased to introduce SV Employment Law Firm’s blog, which we will use to (1) report employment law developments that are pertinent to the SV audience; and (2) provide practical and strategic tips regarding employment litigation, counseling, investigations and training. We will also do a little deconstruction along the way as the employment law market and employment law principles continue to evolve, with the goal of providing a useful conceptual framework for employment law-related decisions. We look forward to using our blog in combination with our other communications and speaking engagements to disseminate what we hope is useful information to companies, groups and individuals who may be interested in these topics.