Mitigating Mass Arbitration: Revising Arbitration Clauses and Rethinking Defense Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss how counsel can mitigate the cost of mass arbitration through contractual and litigation solutions. The program will explore the rise of mass arbitration, recently developed mass arbitration protocols, and the logistics of running a mass arbitration, as well as discuss the litigation and contractual options available for defendants anticipating and facing mass arbitration.
Outline
- Rise of mass arbitration
- Problematic language in contracts
- Defense responses
- Contractual
- Litigation
- Mass arbitration protocols
Benefits
The panel will review these and other pivotal issues:
- How can class waivers and arbitration clauses be drafted to reduce the risk of mass arbitration?
- Do courts decide arbitrability?
- Are there ways to shift costs and the risk of frivolous claims to plaintiffs?
- What are the best options for rooting out invalid claims early in the process?
- Are arbitration clauses more trouble than they are worth?
Faculty
Michael E. McCarthy
Shareholder
Greenberg Traurig
Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in... | Read More
Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in financial institutions, construction, real estate, privacy and appellate litigation. Mr. McCarthy represents companies in a variety of industries, including retail, consumer products and financial services.
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Melanie A. Conroy
Partner
Pierce Atwood
Ms. Conroy focuses her practice on class action defense and complex commercial litigation. She has experience in... | Read More
Ms. Conroy focuses her practice on class action defense and complex commercial litigation. She has experience in investor and consumer class actions based on alleged consumer fraud and unfair practices, consumer privacy, medical device marketing, product recalls, website accessibility, banking disclosures, change of control transactions, insurance claims, securities laws, and fiduciary duties. Ms. Conroy has represented clients in connection with internal, government, and regulatory investigations, and has counseled boards of directors, board committees, and senior management on a broad range of matters, including securities, corporate governance, disclosure, data privacy, and regulatory issues.
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