In BuzzFeed Media Enterprises, Inc. v. Anderson, No. 2023-0377, 2024 WL 2187054 (Del. Ch. May 15, 2024) (BuzzFeed II), the Delaware Court of Chancery held that BuzzFeed Media Enterprises (BME) was bound by arbitration agreements with former employees who could provide evidence of such agreements. Even though the AAA mass arbitration rules did not exist when BME’s predecessor signed the employment agreements, the Court of Chancery held that such rules applied to the arbitrations initiated after such rules took effect. However, for a relatively small number of employees who could not furnish copies of their arbitration agreements, the court denied the motion to dismiss, finding that they could not show by “clear and convincing” evidence that they had agreements to arbitrate with BME.
Source: BuzzFeed II: Court enforces arbitration clauses in employment agreements with pre-SPAC entity