Class Action Waivers in Arbitration Agreements: Lessons From Case Law and New CFPB Regulatory Action
Avoiding or Defeating Challenges to Scope or Enforceability of Arbitration Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the continuing issues surrounding the enforceability of arbitration agreements prohibiting class or representative arbitration. The panel will discuss key takeaways from recent Supreme Court and appellate court decisions, as well as the final rule just issued by the Consumer Financial Protection Bureau (CFPB) banning companies from using arbitration clauses to bar consumers from filing class action lawsuits. The panel will also discuss the position taken by the National Labor Relations Board (NLRB) and the Supreme Court’s decision to review NLRB’s anti-arbitration rule.
- Review of recent appellate decisions addressing agreements to arbitrate disputes on an individual basis
- Review of recent regulatory actions
- Consumer Financial Protection Bureau
- National Labor Relations Board
- Considerations for drafting enforceable arbitration agreements
The panel will review these and other key issues:
- What are the key takeaways for class action and contracts counsel from recent appellate decisions upholding or invalidating arbitration agreements?
- What impact has the CFPB and the NLRB had on arbitration agreements banning class actions?
- What contractual language in arbitration provisions will increase the likelihood that they will be enforced?
- What strategies should counsel employ when seeking to compel arbitration in a class action case?
Rafael G. Nendel-Flores
Ogletree Deakins Nash Smoak & Stewart
Mr. Nendel-Flores represents employers in complex litigation matters including wage-hour class actions, appellate... | Read More
Mr. Nendel-Flores represents employers in complex litigation matters including wage-hour class actions, appellate litigation and employment tax controversies. His practice also includes defending employers in discrimination, wrongful termination, unlawful harassment and retaliation lawsuits. He has significant experience representing professional employer organizations, staffing companies and transportation companies. He has particular expertise regarding wage-hour compliance, independent contractor misclassification issues, implementation and enforcement of arbitration agreements, and compliance with the Federal-WARN Act and the California-WARN Act.Close
Daniel L. Delnero
Mr. Delnero focuses his practice on litigation, consumer financial services, and mortgage banking. He represents a... | Read More
Mr. Delnero focuses his practice on litigation, consumer financial services, and mortgage banking. He represents a range of companies and individuals in consumer financial services litigation. He advises clients in large, complex matters involving banking and finance, constitutional due process challenges, corporate fraud, and state law tort actions.Close