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Expert Analysis

Calif. Ruling Dings Engagement Letter Arbitration Clauses

By Sharon Ben-Shahar Mayer and Mark Drooks ( November 26, 2018, 3:17 PM EST) -- The recent California Supreme Court decision in Sheppard Mullin v. J-M Manufacturing[1] has received a great deal of attention over its holding on the validity of a broad and nonspecific waiver of conflicts. Far less attention has been given to the court's holding that in cases involving a conflict of interest, the entire engagement agreement, including the arbitration clause, is unenforceable as against public policy....

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