Confronting the Newest Form of Mass Claims

March 16, 2021
1:00 PM - 2:00 PM
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Online via Zoom


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OVERVIEW


This program will examine the rise of “mass arbitrations” as an alternative to traditional class actions and its consequences for companies.


In the wake of the Supreme Court's recent decisions in AT&T Mobility v. Concepcion and Epic Systems Corp. v. Lewis, companies and employers increasingly have included class action waivers in their consumer and employment arbitration agreements, which require consumers and employees to arbitrate their claims on an individual and noncollective, nonrepresentative basis.

The plaintiff’s bar has countered by launching mass arbitrations against companies in consumer and employment cases. Mass arbitrations frequently involve filing thousands of individual arbitrations simultaneously, leaving the responding company facing upfront arbitration filing fees totaling millions of dollars before the arbitration has even begun. Recent cases, like those involving Postmates, DoorDash and Intuit, highlight the challenges these companies face.

With the mass arbitration phenomenon likely to stay, companies with arbitration agreements in their consumer and employment agreements may wish to consider their options. In addition to discussing how the mass arbitration trend took hold, the program will review recent cases, legal developments and potential mechanisms for addressing the possibility of mass arbitrations for companies who wish to keep class action waivers in their arbitration agreements.

FREE for ACC NYC Members 

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SPEAKERS

Kathleen Hartnett, Partner, Cooley

Simon Kyriakides, Division Senior Counsel, American Arbitration Association

Marc Suskin, Partner, Cooley

Rachel Thorn, Partner, Cooley

AGENDA

1:00 PM - 2:00 PM / Program

CLE

Credits: 1
State: NY
Category: Areas of Professional Practice // Suitable for non-transitional (experienced) attorneys 

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