Modernizing Severability and Delegation Clauses in Employment Arbitration Agreements
CLEs You Actually Want to Hear por Beverly Hills Bar Association
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A standard severability clause and a delegation clause can coexist in the same arbitration agreement, but until recently, California practitioners could not be certain a court would honor both. The Ninth Circuit's March 19, 2026 decision in Sandler v. Modernizing Medicine, Inc. provides important guidance for attorneys drafting, enforcing, or challenging employment arbitration agreements in California.
Join Jared W. Slater, Ervin Cohen & Jessup LLP, as he examines the court's holding that incorporation of the JAMS rules constitutes "clear and unmistakable" evidence of delegation, and that a generic severability clause referencing "a court or other body of competent jurisdiction" does not undermine that delegation. The program will also address the court's FAA preemption analysis, explain why reliance on California state-court authority was revers ...
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