Employment Contracts After Epic SCOTUS Decision: Arbitration Agreements and Class Waivers
An encore presentation
Recording of a 90-minute CLE webinar
This CLE course will discuss the recent Supreme Court decision in Epic Systems Corp v. Lewis and its impact on employment contracts, class waivers, and arbitration agreements for employers and employees.
Outline
- Overview of Epic ruling and impact on employment contracts
- Strategies for employers in drafting enforceable arbitration agreements and class waivers
- Discussion of pending or recently enacted legislation designed to limit the use of arbitration, including a recent bill introduced in Congress to amend the FAA
- Tactics to expect from plaintiffs’ attorneys in light of the increasing use of class action waivers
Benefits
The panel will review these and other relevant topics:
- What exactly does the Epic ruling allow regarding mandatory arbitration agreements and class waivers in employment contracts?
- What should employers be doing to ensure their arbitration programs are enforceable?
- What is on the horizon for proposed or recent legislation that may affect the Epic decision?
- What new strategies should employers expect to see from plaintiffs’ attorneys in light of the potential increasing use of class and collective action waivers?
This is an encore presentation.
Faculty
Seth R. Lesser
Founding Partner
Klafter Lesser
Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily... | Read More
Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily on behalf of defrauded consumers, employees and businesses. Since 1995, Mr. Lesser has represented plaintiffs in individual, class, collective and mass tort cases. He regularly speaks and writes on these topics, and is a co-editor of a treatise on class action law. Mr. Lesser has been the lead plaintiffs’ counsel in dozens of successful individual, class and/or collective actions in the areas of securities, employment, privacy and mass tort litigation.
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Michael W. Massiatte
Of Counsel
DLA Piper
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits,... | Read More
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits, and obligations arising in connection with mergers and acquisitions. He also counsels clients on litigation, commercial transactions, corporate compliance and ethics, and risk management matters and he frequently conducts high-level internal investigations. Mr. Massiatte provides advice and counseling to entities of all sizes, ranging from Fortune 100 companies to startups, on a wide range of business and employment-related issues. He regularly works with employers to review and update employment policies and to provide training on a wide range of topics.
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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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