Class Action Waivers in Consumer Agreements: Lessons from American Express and Oxford Health
Best Practices for Structuring and Enforcing Consumer Arbitration Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will analyze the two new U.S. Supreme Court decisions on class action waivers in arbitration agreements from the perspective of part of the team that won AT&T Mobility v. Concepcion in the Supreme Court. The panel will discuss drafting enforceable consumer arbitration agreements in light of the rulings.
- Review of American Express Co. v. Italian Colors Restaurant and Oxford Health Plans L.L.C. v. Sutter rulings
Drafting class action arbitration waivers
- Principle of bilaterality or fairness
- Cost of arbitration
- Location of arbitration
- Choice-of-law clause
- Right of prevailing consumer to recover counsel fees
- Contractual fee-shifting clause
- Limited class action arbitration alternatives
Best practices for enforcing class action waivers in court
- Reliance on case law enforcing waivers
- Class actions are just procedural devices
- Fee-shifting statutes
- Determining unconscionability at time of contract, not when lawsuit filed
The panel will review these and other key questions:
- What are the key take away points for class action litigators from the American Express Co. v. Italian Colors Restaurant and Oxford Health Plans L.L.C. v. Sutter rulings?
- What contractual language in consumer arbitration provisions will maximize the enforceability of class waivers?
- What defense strategies should litigators employ in seeking to compel arbitration in a class action?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Archis A. Parasharami
Mr. Parasharami has experience litigating the enforceability of arbitration agreements, with a particular emphasis... | Read More
Mr. Parasharami has experience litigating the enforceability of arbitration agreements, with a particular emphasis on consumer contracts. He has advised businesses on drafting arbitration clauses in a wide variety of settings and has co-authored a number of articles on arbitration. He also handles employment matters, and has authored amicus briefs for the U.S. Chamber of Commerce and for a number of businesses.Close
Kevin S. Ranlett
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class... | Read More
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class Actions practices. He has represented clients in dozens of class actions in state and federal courts across the country and has litigated cases in trial courts and before the American Arbitration Association. He also has a substantial appellate practice.Close