Two weeks ago, Scott wrote about the decision compelling arbitration in cases against DoorDash. His post explained that, after thousands of workers sought arbitration against DoorDash pursuant to the mandatory arbitration agreement in the company's employment contract, DoorDash refused to pay the fees and then tried to change the arbitration clause in the contract to require arbitration through a firm called CPR, with terms more favorable to the company.
In an article today in the American Prospect, reporter Susan Antilla reports that the judge in the case has now made accessible previously sealed documents filed in the case. The documents show that DoorDash and its law firm, Gibson Dunn, worked closely with CPR to craft the arbitration protocol. According to the article, DoorDash was so involved that CPR would not publish its new protocol until DoorDash and its lawyers gave the go ahead, including a sign off on the fee structure. In his written approval, DoorDash's head of litigation asked that CPR let him know when the new rules were published “so that we may link to it in our terms and conditions.”
As the article notes, the unsealed records show "obvious conflicts of a defense team being so intimately involved in developing new rules in a purportedly neutral forum."
The article is here.