Kirkland & Ellis Disdains Litigation—Against Itself

Kirkland & Ellis was recently named American Lawyer’s “Litigation Department of the Year” for its courtroom victories, but the law firm would prefer that its associates keep their employment disputes out of court.

Kirkland & Ellis recently dispatched a memo to its associates and other employees informing them that they will have to take any employment disputes against the firm to arbitration, reports Portfolio.com, which credits Above the Law for being the first to report the development.

Employees who file complaints after the new procedure will have to pay only the first $25 of arbitrator fees. “This program will provide a more efficient means to resolve disputes that cannot otherwise be resolved internally," the memo says.

Most state courts uphold such mandatory arbitration agreements, holding that continued employment is all the consideration needed to make the contract enforceable, the Portfolio story says. In the minority is the San Francisco-based 9th U.S. Circuit Court of Appeals, which struck down a mandatory arbitration policy at O'Melveny & Myers.