Mass Arbitration in Employment Claims: Process Overview, New AAA Rules, Effect on Defense Strategy
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide an overview of the mass arbitration process and how it is being used to leverage up-front settlements with employers who have been subject to exorbitant case initiation fees before getting to the merits of the case. The panel will take an in-depth look at the American Arbitration Association's (AAA) newly revised rules and fee schedules that may help alleviate this issue and discuss how these changes may affect defense strategies moving forward. The panel will also address whether it is still in employers' best interests to include mandatory arbitration clauses in employment agreements and offer best practices for drafting these clauses.
Outline
- Introduction: the rise of mass arbitration
- Overview of the mass arbitration process and its use to leverage early settlements
- AAA's amended rules
- Notable changes
- Effect on defense strategy
- Mandatory arbitration clauses in employment agreements moving forward
- Weighing the risks and benefits
- Best practices for drafting
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- How has the threat of mass arbitration been used to leverage early settlements by employers?
- What are the significant changes to the AAA's rules, and how may these affect defense strategy moving forward?
- How should counsel advise their clients on whether to continue to include mandatory arbitration clauses in their employment agreements? What are best practices for drafting to mitigate risk, especially in the event of mass arbitration?
Faculty
Christopher C. Murray
Shareholder, Chair Arbitration and Alternative Dispute Resolution Practice Group
Ogletree Deakins Nash Smoak & Stewart
Mr. Murray assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective... | Read More
Mr. Murray assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. He has extensive experience with class/collective action waivers in employment arbitration. He was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Epic Systems case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
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Jennifer A. Riley
Partner, Vice Chair Workplace Class Action Group
Duane Morris
Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She... | Read More
Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
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