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Hedging the Risk of Mass Arbitration: Waivers, Pre-Dispute Resolution, Batching, Sequencing, New Rules, and More

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, April 25, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the pitfalls and abuses of mass arbitration (especially in the privacy and consumer areas) and defense responses to high costs, and complications resulting from those responses. The panel will address best strategies and practices, including drafting techniques for class waivers, arbitration clauses, mass-arbitration waivers and workarounds, the new AAA mass arbitration rules, recent federal regulations and cases, and challenges to batching and bellwether procedures.

Description

Although class action waivers and arbitration clauses remain the best defense to class actions, the rise of mass arbitrations has generated its own set of problems. Courts have ordered defendants to pay filing fees for thousands of individual arbitration claimants and have largely rejected efforts by corporate defendants to obtain relief from onerous fees.

The use of this tactic has led to the emergence of adaptations in arbitration agreements to specifically tackle mass claims and to new arbitration providers introducing mass arbitration protocols and fee structures. This shift has triggered court challenges to batching and bellwether procedures, with notable rulings finding that arbitration agreements containing such batching provisions may be unconscionable.

Since this trend shows no signs of stopping, counsel facing mass arbitration threats in 2024 need to understand what tools may be most effective at defeating them as this area of law continues to develop.

Listen as our renowned panel of class action lawyers discusses how to address the threat of mass arbitrations.

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Outline

  1. Rise of mass arbitration
  2. Problematic language in contracts and best alternatives
  3. Defense responses

Benefits

The panel will review these and other pivotal issues:

  • What wording in arbitration agreements is most effective to reduce the risk of mass arbitration?
  • Are there ways to shift costs and the risk of frivolous claims to plaintiffs?
  • Why have some courts found batching and bellwether procedures unconscionable?

Faculty

Herrington, Robert
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false...  |  Read More

Ranlett, Kevin
Kevin S. Ranlett
Partner
Mayer Brown

Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class...  |  Read More

Sandy, James
James W. Sandy
Member
McGlinchey Stafford

Mr. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500...  |  Read More

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