On April 27, a sharply divided U.S. Supreme Court issued its long-awaited opinion in AT&T Mobility LLC  v. Concepcion, holding that the Federal Arbitration Act preempts state laws that invalidate class action waivers in consumer arbitration agreements. Ballard Spahr partners Alan S. Kaplinsky, the pioneer of class action waivers, Mark J. Levin, and Martin C. Bryce, Jr., will discuss the opinion and its broad implications in this complimentary briefing.

topicS

  • Does the opinion apply in state court?
  • Will the opinion apply to the enforcement of class action waivers in class actions asserting federal claims, such as those brought under Title VII of the Civil Rights Act or the Fair Labor Standards Act?
  • How are plaintiffs' lawyers trying to avoid or distinguish the opinion and what have the courts done?
  • Will all class actions now be enforced or will the opinion apply only to arbitration provisions that mimic AT&T’s provision?
  • What is the meaning of Footnote 6, which according to plaintiffs' lawyers allows states to regulate adhesion contracts?  Does this mean that class action waivers can still be challenged based on procedural unconscionability?
  • Will the opinion apply to employment, insurance, real estate, health care, franchise, and other agreements?
  • What are the prospects for enacting the Arbitration Fairness Act?
  • Will the Consumer Financial Protection Bureau ban or regulate arbitration provisions in consumer financial services contracts?
  • What consumer-friendly features should still be contained in arbitration agreements?
  • What features other than class action waivers can still be challenged?

program

12:00 PM - 1:00 PM ET | Webinar

panelists

Alan S. Kaplinsky, Chair, Consumer Financial Services Group
Martin C. Bryce, Jr., Partner, Consumer Financial Services Group
Mark J. Levin, Partner, Consumer Financial Services Group