VMware
VMware, Inc. is a subsidiary of Dell Technologies that provides cloud computing and platform virtualization software and services. It was the first commercially successful company to virtualize the x86 architecture.
AG Sources
Defendant filed the instant motion on October 4, 2011, seeking an order compelling Plaintiff to submit her claims to arbitration in accordance with the “Employment Agreement; VMware, Inc. Employment, Confidential Information and Invention Assignment Agreement” (the “Employment Agreement”). Additionally, Defendant filed a Motion to Dismiss and Motion to Strike on April 25, 2011, seeking an order to dismiss Plaintiff’s claim for relief under California Business and Professions Code ยง 17200 et seq., and dismiss or strike the class definition. See Docket Item No. 17.
The Employment Agreement is a 5-page document signed by Plaintiff on April 13, 2004 “as a condition of her employment with Defendant. See Decl. of Amy Gannaway Ex. A at 2, 6, Docket Item No. 28-3. The Employment Agreement includes the following statement:
I agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this Agreement, shall be settled by arbitration to be held in Santa Clara County, California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Company and I shall each pay one-half of the costs and expenses of such arbitration, and each of us shall separately pay our counsel fees and expenses.
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