Monday, May 14, 2007

Davis v. O'Melveny & Myers (9th Cir. - May 14, 2007)

O'Melveny & Myers apparently can't prepare a valid arbitration agreement even for its own employees. The Ninth Circuit unanimously concludes that O'Melveny's arbitration agreement is procedurally unconscionable, contains four separate substantively unconscionable provisions, and isn't severable. Hence its employees -- including but not limited to paralegal Jacquelin Davis -- get to sue in court.

Too funny.

P.S. - How do you think it feels to be the young attorney at O'Melveny -- Adam KohSweeney -- who argued the case and who has to tell the partners that their own arbitration provision is invalid. I bet he's had better days.