Arbitration 2024: SCOTUS and Circuit Decisions Impacting Enforceability and Usefulness of Arbitration Agreements

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, August 20, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law in 2023 and 2024, including U.S. Supreme Court decisions. The panel will explore issues resolved and challenges and opportunities revealed.
Faculty

Mark J. Levin is a senior counsel at Ballard Spahr LLP and a member of the firm’s Consumer Financial Services Group and Litigation Department. His practice is focused on consumer financial services litigation, and he has extensive experience in the structuring and enforcement of consumer arbitration clauses and the defense of financial services companies in consumer class actions. Mr. Levin has enforced consumer arbitration agreements with class action waivers in the U.S. Supreme Court and numerous federal and state appellate and trial courts and has tried both individual and class arbitrations. He testified for the industry before a subcommittee of the U.S. House Judiciary Committee at an oversight hearing on whether predispute arbitration provisions in consumer contracts are fair to consumers. Mr. Levin has published more than 50 articles on consumer arbitration including, for each of the past 25 years, an update on important arbitration law developments for The Business Lawyer’s annual survey.

Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in a broad range of matters, including in the areas of international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes, and insurance coverage.
Description
In 2023 and so far in 2024, the U.S. Supreme Court and circuit courts have issued several decisions that further alter the arbitration landscape. Some decisions are sequels, answering questions left open in earlier cases. Issues include stays during arbitration or pending appeal, formation of arbitration contracts, who decides arbitrability, standing, conflicts between agreements, waiver, scope of the FAA’s “transportation worker” exemption, and more.
Listen as this esteemed panel discusses these decisions and their impact on the enforceability and usefulness of pre-dispute arbitration agreements.
Outline
- Overview of FAA
- Recent cases
- Coinbase Inc. v. Bielski
- Smith v. Spizzirri
- Coinbase v. Suski
- Bissonnette v. LePage Bakeries
- Oberstein v. Live Nation Entertainment Inc. (9th Cir.)
- American Zurich Insurance Company v. Sun Holdings Inc. (7th Cir.)
- Mercantile Global Holdings, Inc. v. Hamilton M&A Fund, SP (SDNY)
Benefits
The panel will review these and other vital questions:
- What other arbitration-favoring rules may be "bespoke" arbitration rules?
- How have recent decisions affected best practices when drafting arbitration clauses?
- What litigation strategies must change after these cases?
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