Class Action Litigation After Epic Systems: Enforcing Class Action Waivers

A live 90-minute CLE webinar with interactive Q&A


Date: TBD


This CLE webinar will discuss the recent Supreme Court decision in Epic Systems v. Lewis and its impact on class action litigation. The webinar will explore how recent Supreme Court decisions are enforcing class action waivers against attempts to invalidate them and discuss how courts are applying the Epic Systems ruling at all stages of ongoing class action litigation as well as lessons for practitioners to leverage these decisions.

Description

Last year the Supreme Court extended its arbitration-friendly precedent in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act does not prohibit employers and employees form agreeing to class action waivers in employment contracts.

The court’s opinion in Epic Systems is but the latest decision enforcing class action waivers against attempts to invalidate them.

Still, defenses to an arbitration agreement--including the procedures for arbitration chosen by the parties--that single out arbitration for disfavored treatment inevitably conflict with the Federal Arbitration Act and will not be upheld. Epic Systems clarifies that this rule applies broadly and with full force and solidifies the role of class action waivers in arbitration agreements.

Because of this ruling, attorneys representing businesses must take a new look at arbitration provisions and consider (1) modifying existing provisions to include mandatory class action waivers, or (2) designing and implementing arbitration provisions with such waivers for use going forward. Although these mandatory arbitration agreements were standard before the ruling, experts project these agreements will now become the norm. But few things remain static in the law and business attorneys must also consider the impact of the New Prime v. Oliveira opinion on businesses in the transportation industry or those who have contractors or employees transporting goods or materials in light of the Federal Arbitration Act Section 1 exemption. The impact of state anti-arbitration law and the #MeToo movement must also be considered.

Listen as our expert panel discusses the recent Supreme Court decisions, what counsel can do to ensure their arbitration agreements are enforceable, and new strategies defense counsel can expect to see from plaintiffs' attorneys given the anticipated increase in class action waivers.

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Outline

  1. Overview of Epic ruling and impact on class action waivers
  2. Strategies for drafting enforceable arbitration agreements and class waivers
  3. Class certification and other challenges relating to waiver and arbitration clauses
  4. Potential responses to the Jan. 15, 2019 New Prime v. Oliveira opinion
  5. Discussion of pending or recently enacted legislation designed to limit the use of arbitration, including a recent bill introduced in Congress to amend the FAA

Benefits

The panel will review these and other relevant topics:

  • What does the Epic ruling allow regarding mandatory arbitration agreements and class waivers?
  • Why do state law principles (such as consent, consideration and unconscionability) still matter?
  • Will the recent New Prime opinion impact a clients’ use of arbitration agreements with class waivers?
  • What is on the horizon for proposed or recent legislation that may affect the Epic decision?
  • What new strategies should defense counsel expect to see from plaintiffs’ attorneys, considering the potential increased use of class action waivers?

Faculty

Boone, Robert
Robert E. Boone, III

Partner
Bryan Cave

Mr. Boone is the Leader of the Firm's Class and Derivative Actions Client Service Group. His practice focuses...  |  Read More

Lewis, John
John B. Lewis

Partner
Baker & Hostetler

Mr. Lewis concentrates his practice on the resolution of complex employment, labor and regulatory disputes, including...  |  Read More

Additional faculty
to be announced.