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Recent Developments in Consumer Arbitration Webinar: Be Careful What You Wish For...

Date: Wednesday, July 22, 2020 1:00 PM - 2:00 PM

Ever since the U.S. Supreme Court upheld AT&T’s consumer arbitration terms in 2011 in AT&T Mobility LLC v. Concepcion, “consumer-friendly” arbitration on the AT&T model has been widely adopted as a way of avoiding class actions in many contexts, especially in online terms of service. Developments in recent years, however, have called the benefits of arbitration into question—including the threat of mass arbitration and the implications of the California Supreme Court’s decision in McGill v. Citibank NA in 2017, which held that arbitration agreements that waive entirely the right to pursue public injunctive relief are not enforceable. Practically, the so-called “McGill Rule” forces companies to allow public injunctive relief claims in arbitration, or face them in court.

Join Covington for a discussion of the risks, challenges, and strategic considerations posed by arbitration agreements, including mass arbitration and California’s McGill Rule. These issues should be of relevance to companies that include arbitration provisions in their consumer, employment, or other contracts, particularly in California.

Topics will include:

  • Background: arbitration agreements, the Federal Arbitration Act, and AT&T Mobility LLC v. Concepcion
  • Current risks and challenges:
    • Mass arbitration
    • California’s McGill Rule
  • Strategic considerations for crafting arbitration provisions
  • Recent developments

Presenters:

Suzanne Bell
Partner
sbell@cov.com
+1 650 632 4728

Ashley Simonsen
Partner
asimonsen@cov.com
+1 424 332 4782

Wednesday, July 22, 2020
10 - 11 a.m. PDT
1 - 2 p.m. EDT

Log-in details will be sent closer to the event date.

New York and California CLE credit will be offered.

For additional information or to RSVP, please click here,