This program will examine the rise of “mass arbitrations” as an alternative to traditional class actions and its consequences for companies.
Companies and employers increasingly have included class action waivers in their consumer and employment arbitration agreements, which require consumers and employees to arbitrate their claims on an individual and noncollective, non-representative basis. The plaintiff’s bar has countered by launching mass arbitrations against companies in consumer and employment cases. Mass arbitrations frequently involve filing thousands of individual arbitrations simultaneously, leaving the responding company facing upfront arbitration filing fees totaling millions of dollars before the arbitration has even begun.
With the mass arbitration phenomenon likely to stay, companies with arbitration agreements in their consumer and employment agreements may wish to consider their options. In addition to discussing how the mass arbitration trend took hold, the program will review recent cases, legal developments and potential mechanisms for addressing the possibility of mass arbitrations for companies who wish to keep class action waivers in their arbitration agreements.
To request an invitation or for more information, please email Jonathan Tsang.