With Broderick Henry, Roland Hlawaty, David Schwartz
In Halpern Medical Services, LLC v. Geary,1 the Delaware Court of Chancery recently was asked to determine whether (i) claims based on breach of fiduciary duty, breach of contract and unjust enrichment were subject to a mandatory arbitration clause in an employment agreement and (ii) the parties to the agreement waived the right to invoke arbitration solely by reason of the commencement of litigation by one party and the filing of a motion to dismiss by the other.