• videocam Live Webinar with Live Q&A
  • calendar_month July 21, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Class Action & Other Litigation
  • schedule 90 minutes

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

About the Course

Introduction

This CLE webinar will discuss the pitfalls and abuses of mass arbitration (especially in the privacy and consumer areas) and defense responses to high costs, as well as complications resulting from those responses. The panel will address best strategies and practices, including drafting techniques for class waivers, arbitration clauses, mass arbitration waivers and workarounds, the evolution of mass arbitration rules, recent federal regulations and cases, and challenges to batching and bellwether procedures.

Description

Although class action waivers and arbitration clauses remain the best defense to class actions, the rise of mass arbitrations has generated its own set of problems. Courts have ordered defendants to pay filing fees for thousands of individual arbitration claimants and have largely rejected efforts by corporate defendants to obtain relief from onerous fees.

The use of this tactic has led to the emergence of adaptations in arbitration agreements to specifically tackle mass claims and to new arbitration providers introducing mass arbitration protocols and fee structures. This shift has triggered court challenges to batching and bellwether procedures, with notable rulings finding that arbitration agreements containing such batching provisions may be unconscionable.

Since this trend shows no signs of stopping, counsel facing mass arbitration threats in 2026 need to understand what tools may be most effective at defeating them as this area of law continues to develop.

Listen as our renowned panel of class action lawyers discusses how to address the threat of mass arbitrations.

Presented By

Kristin L. Bryan
Partner
Squire Patton Boggs

Ms. Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes. She has represented clients nationwide before state and federal trial and appellate courts and in arbitrations and mediations.

Charles E. Harris II
Partner
Mayer Brown LLP

Mr. Harris focuses his practice on a range of matters of paramount importance to the business community, including class actions, arbitration agreements, contract and real estate disputes, administrative actions, and privacy and cybersecurity. He has also handled many First Amendment cases alleging defamation and other privacy torts. In addition, as a registered patent attorney, Mr. Harris has litigated patent, copyright, trademark and trade secrets disputes. He also represents clients on appeal in both federal and state courts.

Michael E. McCarthy
Shareholder
Greenberg Traurig LLP

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.

Michael W. McTigue Jr.
Partner, Class Actions and Mass Arbitration; Complex Litigation and Trials
Skadden Arps Slate Meagher & Flom LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, July 21, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Rise of mass arbitration

II. Problematic language in contracts and best alternatives

III. Defense responses

The panel will review these and other pivotal issues:

  • What wording in arbitration agreements is most effective to reduce the risk of mass arbitration?
  • Are there ways to shift costs and the risk of frivolous claims to plaintiffs?
  • Why have some courts found batching and bellwether procedures unconscionable?