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
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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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?
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Wednesday, October 28, 2026
1:00 PM ET/10:00 AM PT
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