BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, October 13, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE course will discuss how counsel can mitigate the cost of mass arbitration through contractual and litigation solutions. The program will explore the rise of mass arbitration, recently developed mass arbitration protocols, and the logistics of running a mass arbitration, as well as discuss the litigation and contractual options available for defendants anticipating and facing mass arbitration.

Faculty

Michael E. McCarthy
Shareholder
Greenberg Traurig LLP

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in financial institutions, construction, real estate, privacy and appellate litigation. Mr. McCarthy represents companies in a variety of industries, including retail, consumer products and financial services.

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Melanie A. Conroy
Partner
Pierce Atwood LLP

Ms. Conroy focuses her practice on class action defense and complex commercial litigation. She has experience in investor and consumer class actions based on alleged consumer fraud and unfair practices, consumer privacy, medical device marketing, product recalls, website accessibility, banking disclosures, change of control transactions, insurance claims, securities laws, and fiduciary duties. Ms. Conroy has represented clients in connection with internal, government, and regulatory investigations, and has counseled boards of directors, board committees, and senior management on a broad range of matters, including securities, corporate governance, disclosure, data privacy, and regulatory issues.

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Description

Class action waivers and mandatory arbitration clauses in consumer, employment, and service contracts have not always generated the savings and efficiency businesses hope for. Instead of a class action, defendants may face thousands of simultaneous individual demands for arbitration, resulting in high costs and payment of nonrefundable fees.

Non-meritorious claims are often impossible to weed out before arbitrations commence, incurring fees and costs. Many disputes arise over arbitrability, but courts are divided over who decides those issues and often view defendants' hardships as bargained for results. Mass arbitration protocols have been developed but may not apply or be enforceable.

Nonetheless, defendants' counsel have a range of options for stemming and managing mass arbitration, both in the contract and in the proceedings themselves.

Listen as this panel of class action attorneys discusses what counsel must know about mass arbitration, mass arbitration protocols, and practical options for defendants seeking to address mass claims.

Outline

  1. Rise of mass arbitration
  2. Problematic language in contracts
  3. Defense responses
    1. Contractual
    2. Litigation
    3. Mass arbitration protocols

Benefits

The panel will review these and other pivotal issues:

  • How can class waivers and arbitration clauses be drafted to reduce the risk of mass arbitration?
  • Do courts decide arbitrability?
  • Are there ways to shift costs and the risk of frivolous claims to plaintiffs?
  • What are the best options for rooting out invalid claims early in the process?
  • Are arbitration clauses more trouble than they are worth?