The California state Supreme Court decision on the use of advance conflict waivers and arbitration to resolve alleged conduct violations will influence what constitutes a proper advance waiver in the future.
“There aren’t any jurisdictions in the county that flatly prohibit advance conflict waivers, and no one in this case is arguing there should be,” said Partner Peter Jarvis. “The question is, what is sufficient disclosure to provide informed consent where you have a sophisticated and represented client, and how does what happened here match up to that standard?”
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