The Briefing: Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?

"At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory? The case examines whether an arbitration provider can force someone into arbitration without their consent through various legal doctrines including alter ego theory, veil piercing, agency law, and representative capacity principles."

"Key legal doctrines discussed include alter ego and veil piercing theories, which allow courts to disregard corporate structures; agency law principles that bind representatives to agreements; and representative capacity doctrines. The analysis explores when non-signatories can be compelled to arbitrate and the strategic litigation choices available when challenging arbitrability."

A dispute between Skechers, influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman raises fundamental questions about arbitration jurisdiction over non-signatories. The case examines whether an arbitration provider can force someone into arbitration without their consent. Key legal doctrines discussed include alter ego and veil piercing theories, which allow courts to disregard corporate structures; agency law principles that bind representatives to agreements; and representative capacity doctrines. The analysis explores when non-signatories can be compelled to arbitrate and the strategic litigation choices available when challenging arbitrability. These principles are essential for those handling contracts, endorsement agreements, arbitration clauses, and business disputes.

Read at The IP Law Blog