Mass Arbitration: Processing Claims; Managing and Securing Information; Resolving Underlying Disputes

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, March 3, 2022
- 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 class action counsel through the logistics and considerations of managing hundreds or thousands of individual arbitration proceedings filed against a defendant alleging the same or similar claims.
Faculty

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.

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.

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in financial institutions, construction, real estate, privacy and appellate litigation. Mr. McCarthy represents companies in a variety of industries, including retail, consumer products and financial services.
Description
Class action waivers and mandatory arbitration clauses in consumer and employment contracts frequently result in hundreds or thousands of simultaneous individual demands for arbitration. Counsel must have multiple strategies at work, including procedures for receiving and analyzing each claim, managing a deluge of information, and anticipating arbitrability disputes.
Attorneys used to federal or state civil litigation must learn the procedural and evidentiary rules of multiple arbitration providers. The matter can get more complicated if the parties have contracted for different rules. Counsel also may wish to borrow procedures from the class action and multidistrict litigation arenas. Once decided, counsel must know how these procedures will be enforced.
Listen as this panel of attorneys experienced with mass arbitration review procedures developed in response to this phenomenon discuss how to coordinate hundreds or thousands of cases.
Outline
- Rise of mass arbitration
- Receiving, analyzing, managing, and securing claims and information
- Managing mass arbitration
- Rules
- Selecting arbitrators
- Hearings or summary resolution
- Substantive law
- The value of precedent
- Binding effect
- Settlement considerations
- How to discourage the filing of a mass arbitration
Benefits
The panel will review these and other pivotal issues:
- What are the rules for mass arbitration established by arbitration providers?
- How are arbitrators chosen in mass arbitrations?
- What Rule 23 or MDL procedures are valuable and available in mass arbitrations?
- Are there any fee-shifting considerations in mass arbitrations?
- Are the results of one arbitration binding on others?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Authenticating Disputed E-Signatures at Trial: ESIGN and UETA, Experts, Burdens of Proof, Audit Trails
Friday, February 28, 2025
1:00 p.m. ET./10:00 a.m. PT

Concurrently and Ethically Representing Companies, Owners, and Employees in the Same Matter
Monday, May 19, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development