Davis

BACKGROUND

On August 1, 2002, O’Melveny adopted and distributed to its employees a new Dispute Resolution Program (DRP) that culminated in final and binding arbitration of most employment-related claims by and against its employees.1 O’Melveny distributed the DRP via interoffice mail and posted it on an office intranet site. A cover memorandum stated: “Please read the attached and direct any questions you may have to a member of the Human Resources Department, the Legal Personnel Department, the Associate Advisory Committee or the Office of the Chair.” Davis, who had worked as a paralegal at a Los Angeles, California, office of O’Melveny since June 1, 1999, received the DRP but appar- ently did nothing official to question the policy.

By its terms, the DRP became effective three months later, on November 1, 2002. It provides in bold, uppercase print: “THIS DISPUTE RESOLUTION PROGRAM (THE “PRO-

GRAM”) APPLIES TO AND IS BINDING ON ALL

EMPLOYEES (INCLUDING ASSOCIATES) HIRED BY —

OR WHO CONTINUE TO WORK FOR — THE FIRM ON

OR AFTER NOVEMBER 1, 2002.” Davis worked at O’Melveny until July 14, 2003.

On February 27, 2004, Davis filed this lawsuit under the 1 The DRP was distributed…