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

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

Thursday, August 24, 2017 (in 3 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar 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.


Enforcement of class action waivers in arbitration agreements has been hotly contested since the Supreme Court’s blockbuster AT&T Mobility LLC v. Concepcion ruling, which the Court again addressed in American Express Co. v. Italian Colors Restaurant and DIRECTV v. Imburgia. Since Concepcion, the plaintiffs’ bar has developed a number of strategies for resisting the enforceability of arbitration agreements.

The CFPB issued a final rule on July 10, 2017, banning companies from using arbitration clauses to bar consumers from filing class action lawsuits (effective for new agreements in early 2018). This removes a critical tool of defendants to limit class action litigation over consumer financial products and practices and expands the rights of class action plaintiffs.

The NLRB has consistently challenged the Court’s ruling that the NLRA’s protection of employee rights to engage in “concerted activities” supersedes the Supreme Court’s Concepcion interpretation of the Federal Arbitration Act (FAA). The Supreme Court will take up this issue in the Fall Term 2017.

It remains to be seen whether Congress will overturn the CFPB rule under the Congressional Review Act or whether the courts will rule that the rule violates the FAA. Class action counsel must understand the implications of these significant recent developments when drafting and enforcing arbitration agreements.

Listen as our authoritative panel explains the current legal environment for the enforceability of arbitration agreements that prohibit class or representative litigation. The panel will discuss the CFPB’s new rule banning companies from using arbitration clauses to bar consumers from filing class action lawsuits, the anti-arbitration position taken by the NLRB, and the Supreme Court’s decision to review this position.


  1. Review of recent appellate decisions addressing agreements to arbitrate disputes on an individual basis
  2. Review of recent regulatory actions
    1. Consumer Financial Protection Bureau
    2. National Labor Relations Board
  3. 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, Shareholder
Ogletree Deakins Nash Smoak & Stewart, Costa Mesa, Calif.

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.

Daniel L. Delnero
Ballard Spahr, Atlanta

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. 

Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?

Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg

A focused presentation offering practical information in a concise format.

Una Kang


The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

The program was very thorough, stayed on topic and was well organized.

Thad Wilson

King & Spalding

or call 1-800-926-7926

Class Action Law Advisory Board

Thomas Allen


Reed Smith

Steve Berman


Hagens Berman Sobol Shapiro

Brian Boyle


O'Melveny & Myers

H. Douglas Hinson


Alston & Bird

Daniel R. Karon


Karon LLC

Robert S. Kitchenoff


Weinstein Kitchenoff & Asher

Neal R. Marder


Akin Gump Strauss Hauer & Feld

Michael McCluggage


Eimer Stahl

W. Ray Persons


King & Spalding

William B. Rubenstein


Harvard Law School

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.