Hedging the Risk of Mass Arbitration: Waivers, Pre-Dispute Resolution, Batching, Sequencing, New Rules, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the pitfalls and abuses of mass arbitration (especially in the privacy and consumer areas) and defense responses to high costs, and complications resulting from those responses. The panel will address best strategies and practices, including drafting techniques for class waivers, arbitration clauses, mass-arbitration waivers and workarounds, the new AAA mass arbitration rules, recent federal regulations and cases, and challenges to batching and bellwether procedures.
Outline
- Rise of mass arbitration
- Problematic language in contracts and best alternatives
- Defense responses
Benefits
The panel will review these and other pivotal issues:
- What wording in arbitration agreements is most effective to reduce the risk of mass arbitration?
- Are there ways to shift costs and the risk of frivolous claims to plaintiffs?
- Why have some courts found batching and bellwether procedures unconscionable?
Faculty
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false... | Read More
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.
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Kevin S. Ranlett
Partner
Mayer Brown
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class... | Read More
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class Actions practices. He has represented clients in dozens of class actions in state and federal courts across the country and has litigated cases in trial courts and before the American Arbitration Association. He also has a substantial appellate practice.
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James W. Sandy
Member
McGlinchey Stafford
Mr. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500... | Read More
Mr. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500 companies in civil and commercial litigation. He focuses on advising national mortgage servicing companies, national banks, national auto finance companies, and small businesses in cases involving federal and state regulatory matters, consumer complaints filed with the Consumer Financial Protection Bureau (CFPB), and single-plaintiff lawsuits. Jim regularly defends lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Ohio Consumer Sales Practices Act, Real Estate Settlement Procedures Act (RESPA), and Truth in Lending Act (TILA) in both state and federal courts. In addition to single-plaintiff cases, Jim also has experience defending financial institutions, particularly auto finance companies, in class actions brought in state and federal court.
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