The Legal Intelligencer
The Supreme Court's decision in Yates is just one more instance of the difficulties that arise when courts arrive at the frustrating intersection of broadly, often inartfully, worded criminal statutes and aggressive, sometimes imaginative, prosecutorial tactics.
The principles for drafting a pre-dispute arbitration clause are straightforward. They do require an understanding of the legal relationship, which will be the subject of the clause, some sense of the nature of disputes that are likely to arise and a basic understanding of arbitration process.
Do your employees have profiles on LinkedIn? Are they connected to your customers? Must they “unfriend” your customers if they ever left your company? Maybe not!