Mass Arbitration Update
"There is nothing unlawful, unethical or unfair about mass arbitration; in fact, it is the logical culmination of the legal positions that the corporate defense bar has taken for decades as its members obtained an ever-expanding interpretation of the Federal Arbitration Act with the justification that large numbers of aggrieved consumers could always file large numbers of individual arbitration demands." -- Pls.’ Br., MacClelland v. Cellco P'Ship d/b/a Verizon Wireless, No. 21-8592 (N.D. Cal. 2022).
Meredith Slawe and Mike McTigue of Skadden, Arps, Slate, Meagher & Flom LLP will provide an update on the latest developments related to mass arbitration, including:
- Ongoing claimant solicitation efforts against businesses, including retailers, online and through social media platforms.
- Role of litigation funding.
- Coordination of the plaintiffs’ bar.
- Related litigation in the courts.
- Responses from the arbitration providers.
- Reaction of industry.
- Impact of Viking River.
- Mitigation measures for retailers—and potential traps.
- What should retailers consider doing now? Where to wait and see?
- What does the future hold?
If you have consumer and/or employee arbitration programs, please join us for this important discussion.