Arbitration 2022: Recent Directives From the U.S. Supreme Court, Questions Resolved, Challenges Revealed
Post-Arbitral Proceedings, Enforceability and Waiver, FAA Exceptions, Preemption, and Discovery
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law from several 2022 U.S. Supreme Court decisions. The panel will explore issues resolved, and challenges and opportunities revealed.
Outline
- Overview of FAA
- Case analysis and critical applications
- Badgerow v. Walters
- Morgan v. Sundance
- Southwest Airlines v. Saxon
- Viking River Cruises v. Moriana
- ZF Automotive US v. Luxshare
- Effect of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Benefits
The panel will review these and other vital questions:
- What other arbitration-favoring rules may be "bespoke" arbitration rules?
- How have these decisions affected best practices when drafting arbitration clauses?
- What litigation strategies must change after these cases?
Faculty
Steven D. Hurd
Partner
Proskauer Rose
Mr. Hurd has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged... | Read More
Mr. Hurd has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and class discrimination, sexual harassment, wage and hour violations, FINRA, whistleblowing and retaliation, defamation, fraud, breach of contract, wrongful discharge and other statutory and common law claims. He also advises clients on employment litigation avoidance, litigation strategy and alternative forms of dispute resolution. Mr. Hurd also handles matters involving drafting, enforcing, and defending restrictive covenants, and protecting trade secrets.
Close
Mark J. Levin
Senior Counsel
Ballard Spahr
Mark J. Levin is a senior counsel at Ballard Spahr LLP and a member of the firm’s Consumer Financial Services... | Read More
Mark J. Levin is a senior counsel at Ballard Spahr LLP and a member of the firm’s Consumer Financial Services Group and Litigation Department. His practice is focused on consumer financial services litigation, and he has extensive experience in the structuring and enforcement of consumer arbitration clauses and the defense of financial services companies in consumer class actions. Mr. Levin has enforced consumer arbitration agreements with class action waivers in the U.S. Supreme Court and numerous federal and state appellate and trial courts and has tried both individual and class arbitrations. He testified for the industry before a subcommittee of the U.S. House Judiciary Committee at an oversight hearing on whether predispute arbitration provisions in consumer contracts are fair to consumers. Mr. Levin has published more than 50 articles on consumer arbitration including, for each of the past 25 years, an update on important arbitration law developments for The Business Lawyer’s annual survey.
Close
Lisa M. Richman
Partner
McDermott Will & Emery
Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution... | Read More
Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in a broad range of matters, including in the areas of international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes, and insurance coverage.
Close