Mass Arbitration

In Depth

As the go-to counsel for the market’s leading consumer-facing tech companies, our preeminent mass arbitration practice has represented clients in several of the most significant mass arbitrations filed to date. We represent innovative companies, from high-growth startups to Fortune 500 enterprises, in mass arbitration claims across sectors, including artificial intelligence (AI), Web3/crypto, edtech, medtech, banking and financial services, ecommerce, gaming and telecommunications. We are especially successful in resolving claims involving the Illinois Biometrics Information Privacy Act (BIPA), Video Privacy Protection Act (VPPA), California Invasion of Privacy Act (CIPA) and Electronic Fund Transfer Act (EFTA).

Drawing upon our unmatched experience in arbitration, mediation and local courts, we work with our clients to develop and implement strategies to mitigate and resolve mass arbitration disputes – whether by preemptive revision of user terms, mediated settlements, or arbitral awards and court judgments – consistent with our clients’ business objectives. Frequently encountering tactics and issues ahead of trends, we lead the field in litigating novel issues, such as mandatory consumer arbitration issues and the enforceability of class/mass arbitration waivers and opt-out provisions.

Our collaborative team includes experienced lawyers from our market-leading cyber/data/privacy practice group, contributing to our unrivaled level of insight and technical knowledge of the full spectrum of technology issues that are common targets of mass arbitration claims. We know how to use and navigate the private nature of arbitration to help protect our clients’ reputations and avoid public relations problems often associated with mass claims.

Representative experience

• Resolved a mass arbitration for a social media company with 100,000+ claimants under Illinois’ BIPA statute
• Managed two mass arbitrations for a Web3 company with 10,000 and 20,000 claimants, respectively, under EFTA and state consumer protection statutes
• Handled two large mass arbitrations for a gaming company under the VPPA, with 11,000 and 19,000 claimants, respectively
• Represented an edtech company in five mass arbitrations with 300 to 20,000 claimants under CIPA statute
• Managed a mass arbitration for a video telecommunications company with 39,000 claimants under Illinois’ BIPA statute
• Resolved multiple mass arbitrations under a New York ticketing statute for a mobile ticketing platform involving thousands of claimants
• Represented a fintech company in a complex financial mass arbitration with 58,000 claimants under a variety of consumer protection statutes
• Represented a leading health device company in a mass arbitration involving hundreds of claimants
• Counseled online travel companies in mass arbitrations alleging violations of CIPA and VPPA for more than 500 claimants