Dorsey Partner Mandana Massoumi will be one of the speakers on this panel. They will take an in depth look at employment arbitration agreements, exceptions under Concepcion for purpose of enforcement of class action waivers in employment arbitration agreements, the practical fall-out and reaction of employers to Concepcion and its progeny, the future of certifying classes after Concepcion, recent cases interpreting the decision, and the use of arbitration clauses with class action waivers in the wage & hour context. Topics include:
- The effect of Concepcion on arbitration agreements
- Concepcion as a tool for defense
- Application of Concepcion to pre-dispute arbitration agreements that prohibit class or collective wage and hour actions
- Issues where the arbitration agreement is “silent” on class or consolidated arbitrations
- Exceptions to enforcement of class action waivers in employment arbitration agreements under Concepcion
- Takeaways from the Supreme Court’s decisions in Stolt-Nielson v. AnimalFeeds Int’ l Corp., Concepcion and their progeny
- Risk management and prevention
- Restricting claims and class actions to single plaintiff litigation
- Drafting an arbitration provision to be effective in avoiding class treatment in arbitration and in court
- Status of lower courts decisions post Concepcion
- State law challenges
- Standard of review and state specific challenges
- Challenges to arbitrability in federal or state court based on restrictions on federal statutory rights in pre-dispute arbitration
- Arbitration of statutory rights under collective bargaining agreement
- Potential issues arising from increased arbitration
- Delay and appeals resulting from attempts at enforcement of arbitration provisions
- Loss of evidence over time
For more information on ACI’s 14th National Forum on Wage & Hour Claims and Class Actions, or to register, please click here.