Session I – Mass Arbitration: The Inevitable Response to Class Action Bans – Myriam Gilles
This session examines the rise of mass arbitration, a development born from corporate efforts to eliminate class actions through arbitration clauses. Originally designed to shield companies from large-scale liability, these same clauses have now been turned back against them through the coordinated filing of thousands of individual arbitrations demands. The session will trace the historical and legal foundations of mass arbitration, explore its strategic use by plaintiffs’ counsel, and analyze how corporations and courts are adapting to this evolving procedural landscape. Participants will gain insight into how mass arbitration has reintroduced leverage and accountability into the system and how recent court decisions are reshaping the future of dispute resolution.
Key topics to be discussed:
- Origins and evolution of mass arbitration
- Strategic use of mass arbitration
- Recent case developments
- Emerging legal issues and tensions
- Future of corporate dispute resolution
Session II – Arbitration Agreements and Class Action Waivers: Trends, Risks, and Strategies – Gerald L. Maatman, Jr
The evolving landscape of alternative dispute resolution, mass arbitration, and class actions has posed significant challenges for corporate defendants. In recent years, the U.S. Supreme Court has issued key rulings shaping the course of litigation over arbitration. In this session, attendees will gain an understanding of the arbitration process and its recent changes, with a focus on caselaw developments. The session will also cover post-SCOTUS strategies for crafting arbitration clauses in employment agreements, offering practical insights on how to manage and mitigate legal challenges in this complex environment.
Key topics to be discussed:
- Key U.S. Supreme Court rulings
- Outline of the mass arbitration process
- Navigating the rise of mass arbitration and the AAA’s amended rules
- Moving forward: Mandatory arbitration clauses in employment agreements
Closed-captioning available