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2025-12-04 13:00:00

2 Credits

Mass arbitration transforms corporate arbitration clauses into plaintiff leverage, creating million-dollar filing fee obligations and forcing strategic corporate responses.

2025-12-04 13:00:00

Mass arbitration transforms corporate arbitration clauses into plaintiff leverage, creating million-dollar filing fee obligations and forcing strategic corporate responses.

2025-12-04 13:00:00

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how mass arbitration emerged as a strategic response to class action waivers, including key Supreme Court precedents and corporate defense strategies.

What will you gain

Attorneys will gain practical knowledge for drafting arbitration agreements and navigating mass arbitration demands, including best practices for pre-filing requirements and batching provisions.

Mass Arbitration
How filing thousands of individual arbitrations exploits class action-banning provisions.
Filing Fees
Companies face millions in fees when mass arbitration demands trigger payment obligations.
Corporate Responses
Strategies include dropping arbitration clauses or adding anti-mass arbitration provisions.
Supreme Court
Key rulings like Epic Systems and Viking River shape arbitration enforcement.
Drafting Practices
Include mandatory mediation, detailed demand requirements, and sequencing provisions in agreements.
Judicial Scrutiny
Courts examine anti-mass arbitration provisions for unconscionability and due process violations.

What will you learn

Attorneys will learn how mass arbitration emerged as a strategic response to class action waivers, including key Supreme Court precedents and corporate defense strategies.

What will you gain

Attorneys will gain practical knowledge for drafting arbitration agreements and navigating mass arbitration demands, including best practices for pre-filing requirements and batching provisions.

Agenda

Session 1

Mass Arbitration: The Response to Class Action Bans

Break

Scheduled Break Between Sessions

Session 2

Arbitration Agreements: Supreme Court Trends and Strategies

clock 1:00 pm - 2:00 pm EST

Mass Arbitration: The Response to Class Action Bans

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

This session explores how mass arbitration emerged as a strategic response to Supreme Court decisions upholding class action waivers in arbitration agreements. Covering the historical context from AT&T v. Concepcion through recent cases like Heckman v. Live Nation, it examines how plaintiffs’ counsel has turned corporate-drafted clauses against the companies that created them. The session also addresses emerging legal tensions around unconscionability, bellwether procedures, and what the future holds for corporate dispute resolution.

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

clock 2:00 pm - 2:10 pm EST

Scheduled Break Between Sessions

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

A brief intermission allowing attendees to refresh before the next session. This break provides an opportunity to process the complex material covered in Session 1 on mass arbitration origins and developments.

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

clock 2:10 pm - 3:10 pm EST

Arbitration Agreements: Supreme Court Trends and Strategies

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

This session surveys key U.S. Supreme Court rulings shaping arbitration law, including Epic Systems, Viking River Cruises, and the ongoing transportation worker exemption cases. Attendees will learn about navigating mass arbitration processes under the AAA’s amended rules and practical strategies for drafting effective arbitration clauses. The session concludes with best practices for mandatory arbitration provisions in employment agreements, including pre-filing requirements and batching procedures.

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Myriam Gilles

Northwestern Pritzker School of Law

Gerald L. Maatman, Jr.

Duane Morris LLP

Myriam Gilles

Northwestern Pritzker School of Law

Professor Gilles is a leading civil procedure scholar who teaches and writes in the areas of civil procedure, complex litigation and torts, and is currently the fifth most-cited civil procedure scholar in the country.

Education & Credentials

Began her career as a litigation associate at Kirkland & Ellis.

Recognition & Leadership

Her scholarship has been supported by the Robert L. Habush Endowment Fund of the American Association for Justice. She received the Pound Civil Justice Institute's Award for Best Article (2018) and the Berkeley Civil Justice Research Initiative's Best Publication Prize (2025). She has testified before Congress multiple times as an expert on forced arbitration and consumer protection.

Professional Involvement

Has held visiting appointments at the University of Virginia School of Law and at Princeton University's Woodrow Wilson School.

Experience

Joined Northwestern Pritzker School of Law faculty in July 2025 as the Catharine Waugh McCulloch Professor of Law. Previously served on the faculty of Benjamin N. Cardozo School of Law since 1999, holding the Paul R. Verkuil Research Chair in Public Law. Her work has appeared in the nation's leading law reviews.

Myriam Gilles

Northwestern Pritzker School of Law

Professor Gilles is a leading civil procedure scholar who teaches and writes in the areas of civil procedure, complex litigation and torts, and is currently the fifth most-cited civil procedure scholar in the country.

Education & Credentials

Began her career as a litigation associate at Kirkland & Ellis.

Recognition & Leadership

Her scholarship has been supported by the Robert L. Habush Endowment Fund of the American Association for Justice. She received the Pound Civil Justice Institute's Award for Best Article (2018) and the Berkeley Civil Justice Research Initiative's Best Publication Prize (2025). She has testified before Congress multiple times as an expert on forced arbitration and consumer protection.

Professional Involvement

Has held visiting appointments at the University of Virginia School of Law and at Princeton University's Woodrow Wilson School.

Experience

Joined Northwestern Pritzker School of Law faculty in July 2025 as the Catharine Waugh McCulloch Professor of Law. Previously served on the faculty of Benjamin N. Cardozo School of Law since 1999, holding the Paul R. Verkuil Research Chair in Public Law. Her work has appeared in the nation's leading law reviews.

Gerald L. Maatman, Jr.

Duane Morris LLP

Gerald L. Maatman, Jr. is a Chambers-recognized workplace class action defense litigator and Partner at Duane Morris LLP, where he chairs the firm’s Class Action Defense Group.

Education & Credentials

Graduate of Washington & Lee University and the Northwestern University School of Law.

Recognition & Leadership

Eight-time Law 360 Employment Law MVP, nine-time recipient of BTI Consulting Group's distinguished Client Service All-Star Award, 2021 Legal 500 Hall of Fame inductee. In 2023, Business Today included him in its rankings of the Top 8 Most Influential Labor & Employment Lawyers in the United States. Chambers selected him as one of the leading class action defense lawyers in its 2006 to 2025 rankings of U.S. lawyers.

Professional Involvement

Often consulted by major news organizations for his views on significant court rulings and legal issues. Has served as a legal commentator on PBS, NPR, MSNBC, CNBC, and USA Talk Radio. His comments have appeared in The Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune, and Forbes.

Experience

Successfully defended the largest EEOC pattern or practice lawsuit ever prosecuted in the history of the Commission, the largest age discrimination collective action ever brought in Illinois, the first sexual harassment class action brought by a State Attorney General in the United States, and the largest wage & hour class actions ever litigated in Florida, Illinois, and New York. Author of eight books on the law. Has served as an adjunct professor at Northwestern University School of Law for 35 years.

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Why Attend

Why this 
program matters

Understanding mass arbitration and class action waivers is essential for legal practitioners navigating the evolving landscape of dispute resolution where corporations and claimants deploy strategic arbitration provisions.
60M+
American workers are now subject to mandatory employment arbitration procedures, barring their access to courts to vindicate workplace rights. (Economic Policy Institute, 2017)
280k
Individual claims were filed across 92 mass arbitrations submitted to the AAA in 2024, illustrating the dramatic scale of this dispute resolution mechanism. (AAA 2024 Mass Arbitration Infographic)
56%
Of private-sector nonunion employees are subject to mandatory employment arbitration procedures according to research data. (Economic Policy Institute)
1%
Of consumer mass arbitration cases closed in 2024 ended with an award, while 59% settled and 30% were dismissed. (AAA 2024 Mass Arbitration Infographic)

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