We represent senior executives of a national solar energy company in a matter addressing a significant issue in federal arbitration law. The case centers on whether non-signatory executives may enforce an arbitration agreement containing a delegation clause against a non-signatory state government, or whether that threshold question must first be decided by a court. The matter presents an important question at the center of a growing split among the federal circuit courts regarding the enforcement of arbitration agreements under the Federal Arbitration Act. Led by Ashwini Jayaratnam, the DarrowEverett team is advancing an appeal urging the Fourth Circuit to align with the many federal appellate courts that have held valid delegation clauses require arbitrators—not courts—to decide questions of arbitrability, even when non-signatories seek to enforce the agreement. The appeal carries significant implications for non-signatory enforcement rights under the Federal Arbitration Act, the scope of delegation clauses, and the respective roles of courts and arbitrators in resolving threshold disputes. The matter highlights the firm’s experience handling sophisticated appellate litigation involving complex questions of federal law.

Obtained complete dismissal of Employee Retirement Income Security Act of 1974 (ERISA) action against employer in United States District Court for the Western District of North Carolina.

Successfully managed Administrative Agency investigations and achieved full dismissal of complaints before the Michigan and North Carolina Departments of Labor saving clients tens of thousands of dollars.