Class Action Waivers: A Roadmap

CD of Live 90-Minute Telephone Conference with an Interactive Q&A Session Conducted on October 20, 2005 Now available on CD

Mediation and arbitration can be invaluable in resolving disputes involving multiple parties. Plaintiffs and defendants may benefit from the cost-savings, courts favor it, and some jurisdictions require it.

More and more companies are including class action waiver provisions in agreements that require arbitration of disputes. Where an agreement is silent as to class arbitration, courts can order the parties to proceed with class arbitration.

When there is a mandatory arbitration agreement with a class action waiver clause, some courts will enforce the clause – some refuse. Why have some courts ruled arbitration clauses unconscionable and therefore unenforceable?

Federal and state court rulings are inconsistent on issues such as this. What are the implications for you and your clients?

Listen as our authoritative panelists help corporate counsel and legal advisors understand and develop strategies for dealing with class action waiver provisions against a background of inconsistent rulings.

• Martin C. Bryce, Jr., Partner, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, is a member of the firm’s litigation department and consumer financial services group. His practice concentrates on arbitration, commercial law, RICO, and class action defense.
• David M. Gossett, Partner, Mayer Brown Rowe & Maw, LLP, Washington, DC, specializes in Supreme Court and appellate litigation, with particular expertise in class actions, administrative law, ERISA, federal preemption, punitive damages, and arbitration. He previously practiced in the Civil Division at the U.S. Department of Justice.

The panelists will consider these and other key questions:

• How have courts ruled on class waivers when an arbitration clause is silent as to class arbitration?
• What factors have supported findings in favor of arbitration clauses that forbid class actions – what factors have swayed courts to refuse to enforce such provisions?
• Where do the major arbitration associations stand on class arbitrations and waiver clauses?
• How can counsel advise companies and clients to proactively manage issues that have been raised in recent litigation over arbitration agreements and class waivers?

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