Biglaw, Law Schools

Which Biglaw Firms Still Require Summer Associates To Sign Mandatory Arbitration Agreements?

The results are far from complete, but still provide meaningful information for students in law school.

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When news broke that Munger Tolles & Olson was attempting to have the incoming summer associate class sign mandatory arbitration agreements it… didn’t go well for the firm. Faced with tremendous backlash, the firm responded to the outcry by admitting their mistake and backtracking on the mandatory arbitration clause for all employees. Other firms like Orrick and Skadden followed suit, but that wasn’t enough for student advocates who wanted to know which other firms interviewing on-campus might have similar requirements for employees.

In May, a survey letter on behalf of all T14 law schools went out to every law firm recruiting on their campuses, asking that the firms disclose whether they require summer associates to sign mandatory arbitration agreements and nondisclosure agreements related to workplace misconduct, including but not limited to sexual harassment. The results are now in, and they’re a mixed bag at best.

Despite sending out nearly 400 requests for information, about half of the firms refused to respond to the inquiry. Major Biglaw players such as Allen & Overy, Cadwalader, Wickersham & Taft, DLA Piper, Kirkland & Ellis, Littler Mendelson, Nixon Peabody, Ogletree Deakins, Reed Smith, Seyfarth Shaw, Sidley Austin, and Squire Patton Boggs have declined to answer. A statement from student activists at Harvard Law School reflects the disappointment over the sparse answers:

Molly Coleman, a rising second-year law student at Harvard Law School, was disappointed by the firms who chose not to respond. “Almost half of the firms who received the survey — nearly two hundred — have decided to hide behind a wall of secrecy. Especially in the #MeToo era, we are disheartened that they are unwilling to take a simple step to engage on this important issue.” For example, Kirkland & Ellis reportedly requires employees to arbitrate, but declined to respond.

In sharing the results with the students, Berkeley Law Assistant Dean in the Career Development Office, Terrence J. Galligan advised students to seek out the information before accepting any offer:

The results include the names of employers who did not respond to the survey. If you are interested in employers that did not respond, you should feel free to ask them about their practices. You may decide to wait until after you receive an offer, but you should certainly ask prior to accepting it. If an employer indicates that it will ask you to sign an arbitration agreement, you should ask to see a copy of the agreement before accepting an offer.

As for the firms that did share information it’s clear there’s a wide range of practices in Biglaw when it comes to arbitration and non-disclosure agreements. The results (provided in full on the next page) show some firms,  like Latham & Watkins and Quinn Emanuel, have never required arbitration as a condition of employment; still others, like Gibson Dunn and Wilson Sonsini, do not require arbitration of summer associates, but do of the full-time associate classes of 2018, 2019 and 2020; and some firms like Paul Hastings and Cooley require summer associates and full-time associates to submit to mandatory arbitration.

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Getting this information out there so students can make informed decisions come recruitment season is vital, if only the rest of the firms would get on board.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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