On October 3, 2024, Justice Joel M. Cohen denied a motion to stay arbitration brought by an employee against his former employer, holding that the employer’s decision to seek urgent protective relief from the Court did not waive its right to arbitrate. In Jason Owen v. Array U.S. Inc., et al., Index No. 651471/2022, Jason Owen asserted claims for breach of contract in court against his employer, Array, based upon alleged wrongful termination and denial of compensation. During the briefing of a motion to dismiss in the case, Owen filed several documents on the public docket that Array moved to seal as confidential. The Court granted the sealing motion. Array then initiated a JAMS arbitration proceeding, claiming that Owen had misappropriated confidential information that had been publicly disclosed in the court filings. Owen responded by moving to permanently stay the arbitration on the ground that Array had waived its right to arbitrate. See the full post here: https://lnkd.in/e7JQ4e5F