- 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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