Seyfarth Synopsis: The Court of Appeal has
invalidated an arbitration agreement between a law firm and its
"partner" because the agreement restricted the scope of
arbitral relief available and made pre-arbitration proceedings
"strictly confidential."
The Facts
Constance Ramos, a former partner of the Winston & Strawn
law firm, sued Winston under California statutes addressing
discrimination, retaliation, wrongful termination, and unfair pay.
Winston moved to compel arbitration pursuant to the parties'
partnership agreement, which required any arbitration of any
dispute "arising under or related to" the partnership or
the partnership agreement. The agreement also required the panel of
arbitrators to be selected only from partners of law firms of more
than 500 attorneys, required the parties to share the costs
associated with arbitration, designated an exclusive venue of
Chicago, and provided that each party would bear its own
attorneys' fees. The agreement further
