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From Lawyer to Employer: Season 4, Episode 7 | Arbitration Clauses at Work: The Good, The Bad & The Avoidable Mistakes

By Daniel Schwartz & Emily McDonough Souza on February 11, 2026
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Arbitration clauses are everywhere in today’s workplace — but are they right for your organization?

In this episode of From Lawyer to Employer, host Dan Schwartz is joined by Shipman attorney Emily McDonough Souza to break down arbitration agreements in plain English. They explore the real pros and cons: speed, privacy, predictability, cost concerns, limited appeals, class action waivers, and recent court decisions that could impact enforceability.

Whether you’re considering rolling out arbitration agreements or revisiting existing language, this episode offers practical guidance to help employers draft, implement, and manage arbitration provisions thoughtfully – and avoid common (and costly) pitfalls.

Photo of Daniel Schwartz Daniel Schwartz

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas…

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

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Photo of Emily McDonough Souza Emily McDonough Souza

Emily McDonough Souza is counsel in the Employment and Labor practice at Shipman, where she evaluates, investigates and litigates employment-related disputes for a broad range of clients, both public and private sector, advising employers and reviewing policies for compliance on matters including FMLA…

Emily McDonough Souza is counsel in the Employment and Labor practice at Shipman, where she evaluates, investigates and litigates employment-related disputes for a broad range of clients, both public and private sector, advising employers and reviewing policies for compliance on matters including FMLA, ADA, discrimination avoidance, disability, and accommodations. She also provides training to HR professionals and managers on various employment-related issues, including sexual harassment prevention.

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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Letter
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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