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Past Event
24 May 2018

United States
11:00 a.m. – 12:00 p.m. EDT
10:00 a.m. – 11:00 a.m. CDT
9:00 a.m. – 10:00 a.m. MDT
8:00 a.m. – 9:00 a.m. PDT

4:00 p.m. – 5:00 p.m. BST
5:00 p.m. – 6:00 p.m. CEST


  • Andrew J. Pincus
    T +1 202 263 3220
  • Evan M. Tager
    T +1 202 263 3240
  • Marcia E. Goodman
    T +1 312 701 7953
  • Archis A. Parasharami
    T +1 202 263 3328

The US Supreme Court’s Epic Decision on Class Waivers in Employment Arbitration Agreements

The US Supreme Court’s ruling yesterday in Epic Systems v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA upholding the use of arbitration provisions in employment agreements announces a uniform national rule about whether class action waivers are enforceable in the employment context. The Court held, contrary to the views of the National Labor Relations Board, that the federal National Labor Relations Act provided no basis for refusing to enforce class waivers in arbitration agreements and, instead, that such waivers are generally enforceable under the Federal Arbitration Act. 

Please join Andrew Pincus, who argued and won AT&T Mobility LLC v. Concepcion, along with Evan Tager and Archis Parasharami, who worked with Andy on Concepcion and on an amicus brief for the US Chamber in the Epic trio of cases, and Marcia Goodman, a leader of Mayer Brown’s labor and employment practice who defends class actions, for a discussion of yesterday’s major decision and how it will impact employment litigation.

They will address:

  • What the Court decided in these cases and what issues remain open for future litigation
  • How companies should adjust their litigation strategies in light of the Court’s rulings
  • How the plaintiffs’ bar likely will respond legally and politically
  • Practical considerations for employers
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