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Eighth Circuit Flips Invalidation of Engagement-Letter Arbitration Clause

Photo by: Law.com

it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without fully addressing the issue of unconscionability, that the law firm cured any potential substantive unconscionability by offering to pay the client's share of the arbitration costs—but left open the possibility...

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