You can’t have your cake and eat it too. In a recent case decided in Massachusetts, a CEO sued his employer under his employment agreement, which required binding arbitration to resolve any disputes. Rather than enforce the arbitration clause in the employment agreement, the employer actively participated in the litigation for 6 months and then tried to compel the CEO to arbitrate. The court concluded that, by waiting 6 months to raise this issue and participating actively in the litigation, the employer had waived its right to enforce the arbitration clause.