S&C Litigators Ann-Elizabeth Ostrager and Lisa Ebersole Author Labor and Employment Law Journal Article

December 11, 2019

S&C litigation partner Ann-Elizabeth Ostrager, co-head of the Firm’s Labor and Employment Group, co-authored an article with litigation associate Lisa Ebersole that was published in the Fall issue of Labor and Employment Law Journal. The article, titled “#MeToo and Separating Arbitration from Non-Disclosure Agreements,” examines the extent to which state statutes disfavoring or prohibiting arbitration are preempted by the Federal Arbitration Act in the wake of a court ruling in Latif v. Morgan Stanley & Co. LLC, and what this may mean for states seeking to respond to #MeToo-related employment matters.
The authors write that in light of the trajectory set by the Latif ruling, “state legislatures may seek to enact prohibitions on confidentiality clauses” or take other measures that may avoid a preemption problem by not undermining the “fundamental attributes” of arbitration as a method of dispute resolution.

To read the full article, click here.