CLEs You Actually Want to Hear

Modernizing Severability and Delegation Clauses in Employment Arbitration Agreements

56 min · 17. juli 2026
episode Modernizing Severability and Delegation Clauses in Employment Arbitration Agreements cover

Beskrivelse

A standard severability clause and a delegation clause can coexist in the same arbitration agreement, but until recently, California practitioners could not be certain a court would honor both. The Ninth Circuit's March 19, 2026 decision in Sandler v. Modernizing Medicine, Inc. provides important guidance for attorneys drafting, enforcing, or challenging employment arbitration agreements in California. Join Jared W. Slater, Ervin Cohen & Jessup LLP, as he examines the court's holding that incorporation of the JAMS rules constitutes "clear and unmistakable" evidence of delegation, and that a generic severability clause referencing "a court or other body of competent jurisdiction" does not undermine that delegation. The program will also address the court's FAA preemption analysis, explain why reliance on California state-court authority was reversible error, and provide practical drafting and litigation takeaways for motions to compel arbitration. This program offers practical guidance for anyone drafting arbitration agreements or litigating motions to compel in California. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

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episode Modernizing Severability and Delegation Clauses in Employment Arbitration Agreements cover

Modernizing Severability and Delegation Clauses in Employment Arbitration Agreements

A standard severability clause and a delegation clause can coexist in the same arbitration agreement, but until recently, California practitioners could not be certain a court would honor both. The Ninth Circuit's March 19, 2026 decision in Sandler v. Modernizing Medicine, Inc. provides important guidance for attorneys drafting, enforcing, or challenging employment arbitration agreements in California. Join Jared W. Slater, Ervin Cohen & Jessup LLP, as he examines the court's holding that incorporation of the JAMS rules constitutes "clear and unmistakable" evidence of delegation, and that a generic severability clause referencing "a court or other body of competent jurisdiction" does not undermine that delegation. The program will also address the court's FAA preemption analysis, explain why reliance on California state-court authority was reversible error, and provide practical drafting and litigation takeaways for motions to compel arbitration. This program offers practical guidance for anyone drafting arbitration agreements or litigating motions to compel in California. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

17. juli 202656 min
episode Mastering Brackets in Mediation cover

Mastering Brackets in Mediation

The term “brackets” raises anxiety or ire for many mediators and attorneys because it is susceptible to so many different interpretations. (And, of course, there is the math!) This often leads to a knee-jerk resistance to the use of this powerful negotiation technique. This presentation will cover various forms of “bracketing” such as conditional offers, public and private ranges, specific numbers, etc., as well as the many ways brackets can facilitate resolution. Diana L. Maier, Signature Resolution will discuss common assumptions made, benefits and drawbacks of different bracketing methods, timing considerations, and best practices for avoiding bracketing pitfalls and ethical dilemmas. Bracketing in its many forms can add another sophisticated and flexible negotiating instrument to the mediator’s toolbox. Bring your questions and join the conversation. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

I går1 h 5 min
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Nuts and Bolts of Drone Law: FAA, Privacy & What Lawyers Need to Know

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episode The John Connor Rule: The Ethics of Responsible AI Under COPRAC cover

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episode AI Prompt Writing: Mastering the Art of the Ask for Transactional Practice cover

AI Prompt Writing: Mastering the Art of the Ask for Transactional Practice

Ashley Jones of LinkSquares will guide participants through the steps needed to compose focused purposeful AI prompts. Tailored to the unique demands of transactional attorneys, these prompts will address everything from clause generation and customization to document drafting and review. Drawing on practical examples spanning NDAs, deal summaries, complex contract review workflows, and more, participants will gain hands-on strategies to start incorporating AI into your daily legal workflows. By the end of this program, attorneys will be equipped to craft and deploy prompts across every stage of a transaction, saving time without sacrificing precision. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

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