Partner Damon Suden contributed to the Litigation section in Practical Law’s “GC Agenda: November 2015.” The article provides a round-up of major horizon issues for General Counsel. Damon’s section called, “Retroactive Application of Arbitration Clauses,” focuses on a recent Second Circuit decision, which affects arbitration clause applications. Using Holick v. Cellular Sales of NY, LLC, Damon advises counsel to carefully review arbitration clause drafts to ensure their application covers all disputes between parties, including those arriving from events before the arbitration clause is effective. If the parties intend for an arbitration clause to apply retroactively when entering into a new agreement, counsel should include specific language to that effect.
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