The Hedge Fund Law Report

Articles By Topic

By Topic: Arbitration of Employment Claims

• From Vol. 1 No.8 (Apr. 22, 2008)

  Federal Appeals Court Holds that Hedge Fund Adviser did not Waive its Right to Compel Arbitration by Pursuing State Litigation against Former Analyst

  • Court of appeals vacated and remanded district court’s finding that arbitration clause in hedge fund employment agreement (for employee who developed proprietary stock trading model) was unconscionable under state law.
  • District court’s conclusion that the employer waived its right to compel arbitration was based solely on the fact that employer pursued state court litigation; district court failed to discuss whether the employee was prejudiced by that litigation and the litigation itself was insufficient to determine prejudice.

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