Uber Ends Mandatory Arbitration Clauses for Sexual-Harassment Claims

The move, a rarity in corporate America, comes amid pressure from employees and customers

Uber Technologies Inc. is taking a step toward moving past its scandal-ridden history by ending the company’s use of the widespread but controversial practice of mandatory arbitration for claims of sexual harassment and assault.

The move, coming after pressure from both former employees and customers, will immediately free U.S.-based litigants to sue Uber in open court, rather than in private with an impartial arbitrator.

Uber Technologies Inc. is taking a step toward moving past its scandal-ridden history by ending the company’s use of the widespread but controversial practice of mandatory arbitration for claims of sexual harassment and assault.

The move, coming after pressure from both former employees and customers, will immediately free U.S.-based litigants to sue Uber in open court, rather than in private with an impartial arbitrator.

.. Legal experts say mandatory-arbitration clauses may lead some victims to walk away from harassment or discrimination claims in part because they can’t find plaintiffs’ lawyers to take their cases, many of whom work on contingency fees.

 .. Arbitrators usually don’t follow federal rules of civil procedure and, compared with courts, impose tighter limits on pretrial discovery. And such cases are generally confidential and harder to appeal.

How Mark Zuckerberg Can Save Facebook — and Us

“The first inning’s prevailing ethos was that any technology that makes the world more open by connecting us or makes us more equal by empowering us individually must, in and of itself, be a force for good,” Seidman began. “But, in inning two, we are coming to grips with the reality that the power to make the world more open and equal is not in the technologies themselves. It all depends on how the tools are designed and how we choose to use them. The same amazing tech that enables people to forge deeper relationships, foster closer communities and give everyone a voice can also breed isolation, embolden racists, and empower digital bullies and nefarious actors.”

.. “The world is fused. So there no place anymore to stand to the side and claim neutrality — to say, ‘I am just a businessperson’ or ‘I am just running a platform.’ ”
.. In the fused world, Seidman said, “the business of business is no longer just business. The business of business is now society. And, therefore, how you take or don’t take responsibility for what your technology enables or for what happens on your platforms is inescapable.
.. “Software solutions can increase our confidence that we can stay a step ahead of the bad guys. But, fundamentally, it will take more ‘moralware’ to regain our trust. Only one kind of leadership can respond to this kind of problem — moral leadership.”
.. What does moral leadership look like here?

“Moral leadership means truly putting people first and making whatever sacrifices that entails,”

.. “That means not always competing on shallow things and quantity — on how much time people spend on your platform — but on quality and depth. It means seeing and treating people not just as ‘users’ or ‘clicks,’ but as ‘citizens,’ who are worthy of being accurately informed to make their best choices. It means not just trying to shift people from one click to another, from one video to another, but instead trying to elevate them in ways that deepen our connections and enrich our conversations.”

.. It means, Seidman continued, being “fully transparent about how you operate, and make decisions that affect them — all the ways in which you’re monetizing their data. It means having the courage to publish explicit standards of quality and expectations of conduct, and fighting to maintain them however inconvenient. It means having the humility to ask for help even from your critics. It means promoting civility and decency, making the opposite unwelcome.

.. At the height of the Cold War, when the world was threatened by spreading Communism and rising walls, President John F. Kennedy vowed to “pay any price and bear any burden” to ensure the success of liberty.

Uber Feared It Fell Behind in Driverless-Car Technology, Kalanick Testifies

Ex-CEO is highlight of second day of trial in which Google’s parent alleges Uber stole trade secrets

.. Mr. Levandowski previously has indicated he will invoke his Fifth Amendment right against self-incrimination. Mr. Kalanick has denied any theft in depositions.

.. Waymo attorney Charles Verhoeven showed December 2015 meeting notes from former Uber executive John Bares, then the head of the self-driving program, in which Mr. Kalanick appeared to be singularly focused on lidar, as well as intellectual property.

.. Mr. Bares said the company was burning through about $20 million a month trying to develop reliable autonomous vehicles. Relying on Mr. Levandowski’s assistance would help pare the costs by speeding up development

.. Kalanick’s goal of getting 100,000 driverless cars on the road by 2020

.. Autonomous vehicles are essential to Uber’s business, Mr. Bares said, given human drivers account for 70% to 80% of the cost of operating a vehicle in ride-hailing.

.. Still, he acknowledged Google was and remains the leader in self-driving vehicle technology. “That’s the general perception right now,” he said.

Judge Tells Uber Lawyer: ‘It Looks Like You Covered This Up’

The last-minute evidence quickly mounted. A letter and an email full of damning claims. Apps that sent self-destructing messages. A payment of $4.5 million to an employee who threatened to be a whistle-blower — and an additional $3 million to his lawyer.

.. On Wednesday, Judge Alsup continued to upbraid Uber’s lawyers for not being more forthcoming with evidence. “I have never seen a case where there were so many bad things done like Uber has done in this case,” he said.

.. The letter that caused the trial to be delayed was written by a lawyer for Richard Jacobs, a former employee in Uber’s security team, to Angela Padilla, the company’s deputy general counsel. Thirty-seven pages long, it detailed a list of questionable behavior at Uber, including spying on competitors and using special laptop computers and self-destructing messaging apps that would hide communications.

.. On Wednesday, Ms. Padilla testified that the letter, which has not been made public in its entirety, was “clearly extortionist” and filled with “fantastical” information.

.. Mr. Jacobs responded, Ms. Padilla said, by sending an email to Travis Kalanick, the company’s chief executive at the time, and others complaining of criminal and unethical behavior inside Uber.

That email to Mr. Kalanick also didn’t surface in the long evidence discovery process between Waymo and Uber lawyers, and was presented in court for the first time on Wednesday.

.. Judge Alsup said to Ms. Padilla that “on the surface, it looks like you covered this up” and tried to keep the letter out of the hands of Waymo’s lawyers.

.. The company did share the letter from Mr. Jacobs’s lawyer with three different United States attorney offices, because Mr. Jacobs had threatened to take his claims to federal prosecutors and Uber wanted to “take the air out of his extortionist balloon,” Ms. Padilla testified.

.. Mr. Jacobs received $2 million up front and was to receive $1 million spread over 12 months and $1.5 million in stock, also spread out over 12 months. The deal included a so-called clawback measure that would require him to return the money if he discussed his claims with outsiders
.. Judge Alsup questioned why Uber would pay so much to an employee making bogus claims. “To someone like me, an ordinary mortal, and to ordinary mortals out there in the audience — people don’t pay that kind of money for B.S.,” the judge said.
.. A Waymo spokesman, Johnny Luu, said in a statement: “Today’s revelations fit Uber’s pattern of destroying and withholding reams of evidence relevant to our trade secrets case, and that those at the very top of Uber were aware of these inexcusable practices. We look forward to the additional discovery granted by the court and to presenting our case in front of a jury at trial.”