Emerging Trends in Consumer Fraud Class-Action Arbitration
2:00 p.m. - 3:00 p.m. (EST)
This one-hour CLE program will focus on recent trends and developing issues in consumer fraud class-action arbitration. The speakers' presentations will be followed by an opportunity for questions. The presentation materials will provide more in-depth information.
Our speakers will address the following:
Recent Trends: Recent decisions in federal courts and certain key states have addressed such issues as: (1) who decides arbitrability; (2) exclusion of certain claims from arbitration; (3) severance and stay of nonarbitrable claims pending arbitration; and (4) consent/contract defenses to arbitration. We will discuss these recent decisions and their impact on enforcement of arbitration agreements and class waivers. (Darren Cottriel)
What's Brewing in the Courts: We will survey the most significant class-arbitration issues brewing in the federal courts and agencies, including a trio of Supreme Court cases regarding the permissibility of class-arbitration waivers under the National Labor Relations Act and implementation of and challenges to the Consumer Financial Protection Bureau's rule banning class-action waivers. (Louis Chaiten)
The Global Scene: The rules regarding enforceability of arbitration clauses outside the United States vary from jurisdiction to jurisdiction. Arbitration clauses are unenforceable in certain jurisdictions and subject to express requirements in others. We will review rules for arbitration clauses in major jurisdictions outside the U.S. and what is necessary to make those clauses enforceable. (Becky Kcehowski)
Best Practices for Drafting and Implementing Arbitration Clauses: The law regarding enforceability of arbitration clauses is still developing, but certain best practices can and should be followed now. We will cover best practices for online posting, the claims to include in your arbitration clauses, reasonable notice, and additional guidelines for providing the most protection. (Sharyl Reisman)
This program has been approved for 1.00 hour of general credit by the State Bar of California and 1.00 hour of areas of professional practice credit (including transitional credit) by the New York State CLE Board. Jones Day is a State Bar of California MCLE approved provider, as well as an accredited provider in New York. Ohio and Pennsylvania credit is not available for this program. Application for CLE credit in other states will be made as needed.