Mass Arbitration: Contending With the High Costs, Waivers, Pre-Dispute Resolution, Batching, Sequencing

Ms. Bryan is a litigator with deep expertise representing clients in complex bet-the-company disputes in litigation and arbitration across the US, including in mass arbitrations, putative class actions and multidistrict litigation. She is chair of the firm’s globally ranked data privacy disputes practice. Ms. Bryan was recognized as a Law360 MVP (a designation given to only five attorneys nationally for her practice area) for obtaining dismissals of numerous significant data litigations, in which plaintiffs collectively sought over US$280 billion in liquidated statutory damages for claims that her client’s business practices violated federal and state privacy laws. She is a leader and integral member of the firm’s privacy litigation team, which was ranked #4 in 2024 among all law firms by Global Data Review. Ms. Bryan has broad experience defending data privacy, biometric, cybersecurity and data breach disputes across the country, having handled such cases for the duration of her legal career which started at Debevoise & Plimpton in New York.

Mr. Harris, II, dual-qualified in the United States and United Kingdom, helps clients with international litigation matters of paramount importance to the business community, including class actions, antitrust, contract and real estate-related disputes, technology-related disputes, administrative actions, and privacy and cybersecurity. He has successfully defended individual and class action suits under the TCPA, AIPA, FCRA, FDCPA, and state consumer protection statutes and defended data breach lawsuits under the CFAA and Stored Communications Act. Mr. Harris has also defended clients in administrative actions before agencies such as the Illinois Department of Financial & Professional Regulation and the Illinois Department of Revenue. He has also handled many First Amendment cases alleging defamation and other privacy torts, and as a registered patent attorney, he has litigated IP disputes. Mr. Harris has prepared matters for trial, tried cases to completion, and represented clients on appeal in federal and state courts. In addition to being an accomplished litigator, he has significant experience in all areas of arbitration.

Mr. McCarthy advises clients facing consumer class actions and mass arbitrations nationwide. He represents industry-leading companies across a range of sectors, including apparel, automotive, electronics, financial services, home appliances, personal care products, retail, and video games. Mr. McCarthy also handles complex commercial litigation, entertainment litigation, and appellate matters. His work and client service have been recognized by Benchmark Litigation, The Legal 500, and The Best Lawyers in America. Mr. McCarthy is frequently asked to speak and write about class action, mass arbitration, and complex litigation strategies.

Mr. McTigue represents leading companies in class actions and civil litigation in jurisdictions across the country and has an extensive track record of success handling mass arbitrations. He is one of the leaders of Skadden’s mass arbitration practice and one of the country’s preeminent class action defense litigators. Mr. McTigue is widely regarded for his work representing companies in high-stakes litigation and mass arbitration matters and has been the architect of novel strategies and solutions for numerous industry-leading leading businesses across a range of industries, including retail, financial services, telecommunications, media and entertainment, sports and hospitality, technology, and pharmaceuticals/life sciences. He has an extensive track record of obtaining early dismissals and plaintiffs’ voluntarily dismissal of claims, defending cases on the merits, defeating class certification, negotiating favorable individual settlements and curtailing the efforts of professional litigants. Mr. McTigue routinely defends clients in matters that involve federal and state statutes, including the Video Privacy Protection Act (VPPA), the Biometric Information Privacy Act (BIPA), the California Invasion of Privacy Act (CIPA), the Federal Wiretap Act, the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Washington Commercial Electronic Mail Act (CEMA) and the California Consumer Privacy Act (CCPA), among many others.