Drafting Arbitration Agreements after SCOTUS’ Decision on Class Action Waivers

recording Drafting Arbitration Agreements after SCOTUS’ Decision on Class Action Waivers

You Will Learn:

  • How the evolving legal landscape surrounding arbitration agreements affects your organization
  • How the Supreme Court’s decision impacts employer arbitration agreements
  • Whether employers should implement class action waivers and how to craft them
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U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

On May 21, 2018 the Supreme Court ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

How does this ground-breaking decision impact employers?  Now you must decide whether, when, and how to introduce and use arbitration and class action waiver agreements.

But, there’s no “one-size-fits-all” approach to drafting and implementing an effective arbitration program for your organization.  In fact, there are key strategic decisions employers need to make in tailoring arbitration agreements to their particular workforces and business needs.

Learning Objectives

Whether your company already has an arbitration agreement in place, or you’re considering beginning an arbitration program, this power-packed program offers practical advice and examples to help you craft an arbitration program that’s effective and enforceable.

  • How the Epic Systems ruling affects employers and what led up to the dispute
  • Key aspects of the Supreme Court’s decision and its practical implications
  • Pros and cons of maintaining an employer arbitration program and class action waivers
  • Best practices and practical insights on drafting, implementing and rolling out enforceable arbitration agreements and class action waivers agreements
  • Whether or not to use opt-out provisions
  • Implementation issues when an employer is already facing a pending class action
  • Additional issues to consider when rolling a new or revised arbitration agreement and how best to draft such an agreement

Product ID: 19015

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Christopher C. Murray
Christopher C. Murray
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Chris has extensive experience with class/collective action waivers in employment arbitration.

Jennifer L. Santa Maria
Jennifer L. Santa Maria
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ms. Santa Maria represents employers of all sizes in all aspects of labor and employment law, including employment litigation and advice and counseling. She also regularly conducts workplace investigations. She advises and defends clients in federal and state employment-related lawsuits and agency claims, including actions alleging discrimination, harassment, retaliation, disability, leave of absence, breach of contract, and wrongful termination claims.

Continuing Education Units

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    C4CM provides audio conference attendees with CLE credit processing services. To expedite C4CM processing your CLE request, please complete and submit the evaluation form available from C4CM at the conclusion of the audio conference. It will be necessary to enter the following information: name of each attorney requesting CLEs with full contact information, including e-mail address, bar number, and the state in which the attorney wants credits. Each attorney requesting credits must submit an evaluation.

    Please be advised C4CM audio conferences are subject to approval from each CLE issuing organization and approval is not guaranteed (state bar associations in Delaware, Indiana, Kansas, Ohio, and Pennsylvania do not grant CLE credits for audio conferences). The approval process takes approximately 6 – 8 weeks for most organizations but can take as long as 3 – 4 months. You will be notified via e-mail with the final status of your CLE application.

    Any person applying for CLE credits must attend the audio conference from start to finish (attendance will be taken for compliance reasons). Requests for CLE credits must be received no later than two weeks following the conclusion of the audio conference or live conference. CLE credits are not available for CD recordings.

    If you have any questions regarding CLE credits, contact Jill Adler at 631.368.2082 x 21 or jill.adler@meeting-matters.com.

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