• 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 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.

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.

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?