About the Course
Introduction
This CLE webinar will provide an overview of the mass arbitration process and how it is being used to leverage up-front settlements with employers who have been subject to exorbitant case initiation fees before getting to the merits of the case. The panel will take an in-depth look at the rules, fee schedules, and arbitration protocols of arbitration providers such as the American Arbitration Association (AAA) and discuss what, if any, impact they have had on defense strategies. The panel will also address whether it is still in employers' best interests to include mandatory arbitration clauses in employment agreements and offer best practices for drafting these clauses.
Description
Class action waivers and mandatory arbitration clauses in employment agreements have resulted in a surge of mass arbitrations against employers that have proven most costly and may have counsel and their clients wondering whether mandatory arbitration clauses provide any real advantage.
In mass arbitration, plaintiffs' counsel may file dozens, hundreds, or even thousands of similar individual claims that can be extremely costly to employers due to the exorbitant initiation fees that arbitration services providers charge per case before even getting to the merits of the case. In addition to case initiation fees, employers are also faced with the costs of repeatedly litigating the same set of facts over the course of many years. As a result, even the threat of mass arbitration has been used as leverage for early settlement, and employers have done so even where claims may be frivolous or unlikely to succeed.
Arbitration administrators such as the AAA have issued rules and fee schedules for mass arbitrations. In addition, administrators and employers have developed mass arbitration protocols that are being tested in the courts.
Listen as our expert panel provides an overview of the mass arbitration process and takes an in-depth look at the rules, fee schedules, and protocols and whether and how these have had any impact on defense strategies. The panel will also address weighing the risks and benefits of using mandatory arbitration clauses in employment agreements under the shadow of mass arbitration and how to draft these to best protect clients.
Presented By
Mr. Murray assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. He has extensive experience with class/collective action waivers in employment arbitration. He was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Epic Systems case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Wednesday, September 16, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: the rise of mass arbitration
II. Overview of the mass arbitration process and its use to leverage early settlements
III. Arbitration administrators' rules, fee schedules, and protocols
A. Notable rules, fee schedules, and protocols
B. Effect on defense strategy
IV. Mandatory arbitration clauses in employment agreements moving forward
A. Weighing the risks and benefits
B. Best practices for drafting
V. Key takeaways
The panel will review these and other important considerations:
- How has the threat of mass arbitration been used to leverage early settlements by employers?
- How do the rules, fee schedules, and protocols of administrators such as the AAA address this issue, and what, if any, impact have these had on defense strategies?
- How should counsel advise their clients on whether to continue to include mandatory arbitration clauses in their employment agreements? What are best practices for drafting to mitigate risk, especially in the event of mass arbitration?
Related Courses
Severance Agreements 101: Drafting Enforceable Provisions to Mitigate Employer Risk
Thursday, September 10, 2026
1:00 PM ET/10:00 AM PT
Work-From-Home Policies: Avoiding Employment Claims Under the ADA, FMLA, FLSA, and More
Wednesday, March 18, 2026
1:00 p.m. ET./10:00 a.m. PT
