Events

Webinar: Arbitration Agreements With Class Action Waivers: Key Takeaways From the Supreme Court Decision in Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris and NLRB v. Murphy Oil USA, Inc., and Future Enforcement Issues

Events / Wednesday, July 18, 2018

In May, the Supreme Court determined that employers may continue to rely on the enforceability of arbitration agreements with class and collective action waivers. In 2018 and beyond, lower courts will begin interpretation of the decision and its four-justice dissent. BakerHostetler filed an amicus brief on behalf of seven amici in the three consolidated cases and will offer insights and observations as to how the decision may be interpreted and applied by lower courts in the coming months and years. 

In this Q&A-style webinar, presenters discussed:

The U.S. Supreme Court decision in Epic Systems, and what this means for employers going forward.

  • How lower courts may interpret Epic Systems when determining whether to enforce arbitration agreements containing class action waivers.
  • How courts will resolve the potential waiver of the right to arbitrate in the 7th Circuit, 9th Circuit and 6th Circuit, where it may have been “futile” to seek arbitration.
  • California’s Private Attorney General Act (PAGA), which allows a private citizen to pursue civil penalties on behalf of the state’s workforce development agency, and the impact of PAGA claims on the enforcement of arbitration agreements.
  • How the plaintiff’s bar may respond.
Presenters
  • Shareef Farag represents employers in addressing all aspects of employment law issues, and focuses his practice on wage-and-hour class action litigation and representative actions under the Private Attorneys General Act of 2004, as well as discrimination and harassment litigation and traditional labor arbitration. He confronts the gamut of employment law issues on a daily basis and counsels clients through them. He has first- and second-chair experience in trial and arbitration. Shareef works with clients to avoid and mitigate risk when possible and vigorously protect their interests to achieve business goals.
  • John B. Lewis concentrates his practice on the resolution of complex employment, labor and regulatory disputes, including class action litigation. He has participated in more than 90 cases before federal and state appellate courts, including the filing of amicus briefs in the U.S. Supreme Court. Lewis was counsel of record in the amicus brief filed in the consolidated class action waiver cases before the U.S. Supreme Court and is part of the team who prepared amicus briefs in New Prime, Inc. v. Oliveira (No. 17-340) before the Court and in Gembarski v. PartsSource, Inc. (No. 2018-0125) before the Ohio Supreme Court. The two cases involve the proper interpretation of the Federal Arbitration Act Section 1 exemption and when a company waives its right to arbitrate as to unnamed putative class members, respectively. He co-authored an article titled “Waiver and Revival of Arbitral Rights – An Important Issue for Future Employment Litigation,” which was published in the winter 2016 issue of Labor Law Journal.
Moderators
  • Teresa C. Chow focuses her practice on complex business and commercial litigation, and she is frequently called upon to defend clients in class action matters. She served as a member of a cross-office team that successfully defended a California hospital and a network of California hospitals in two of the largest data breach class actions ever filed under the California Confidentiality of Medical Information Act.
  • Erin Bolan Hines concentrates on commercial and employment litigation, class action defense, noncompete agreements and trade secrets. She also provides counsel to clients on employment-related matters. Erin has significant experience in federal and state court proceedings, including class actions under the Illinois Biometric Information Privacy Act (BIPA). She is experienced in BIPA compliance.
Recorded Webinar

Contact Cassie Blaine at cblaine@bakerlaw.com or 216.861.7704 for more information.

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