BLOOMBERG BNA WEBINAR EVENT: Class Action Waivers in Mandatory Arbitration Agreements: The Newest Developments
Tuesday, April 23, 2013
1:00 PM - 2:30 PM ET
Register at no cost by entering promo code LGAUMKTG3 for the live webinar or LGNEXT2 for the OnDemand version.
This presentation will discuss the ability of companies to include class action waivers and mandatory arbitration provisions in their contracts with a wide variety of constituencies, including employees, customers, and shareholders.
Particular attention will be devoted to two cases before the U.S. Supreme Court in the current term, Sutter v. Oxford Health Plans LLC, 675 F.3d 215, 80 USLW 1366 (3d Cir. 2012), cert. granted No. 12-135, and Italian Colors Restaurant v. American Express Travel Related Services Co. (In re American Express Merchants’ Litigation), 667 F.3d 204, reh’g en banc denied, 681 F.3d 139 (2d Cir. 2012), cert. granted No. 12-133, and the pending litigation in D.R. Horton Inc., 357 N.L.R.B. No. 184, 192 LRRM 1137 (2012), in which the Fifth Circuit recently heard oral arguments. The upcoming decisions in these recently argued cases likely will have significant ramifications on the use and enforceability of mandatory arbitration and class action waiver provisions in employment, consumer, and commercial contracts.
- Find out background information on the Federal Arbitration Act and the Supreme Court’s recent decisions inStolt-Nielsen S.A. v. American AnimalFeeds Int’l Corp., AT&T Mobility LLC v. Concepcion and CompuCredit Corp. v. Greenwood.
- Understand the class arbitration issues confronting the Supreme Court in Oxford Health and American Express and the circuit courts in the D.R. Horton line of cases.
- Learn the important cases percolating in state and federal courts that raise significant class arbitration issues.
- Review the arguments made by counsel for the parties and amicus curiae at oral argument before the Supreme Court in Oxford Health and AmEx.
- Learn about the likely outcomes in Oxford Health and AmEx, as well as insight on the impacts these decisions may have on the use, scope, and enforceability of mandatory arbitration and class waiver provisions in employment, consumer, and commercial contracts.
Who would benefit most from attending the program?
Practitioners who counsel companies that are the subject of frequent customer, stockholder, employee or commercial complaints or disputes as well as attorneys representing the plaintiffs in such matters, and particularly those seeking to pursue class actions.
Program Level: Intermediate.