One year ago this month, the US Supreme Court issued its landmark decision in AT&T Mobility LLC v. Concepcion, holding that state law may not invalidate an arbitration agreement solely because the agreement prohibits the use of class procedures in arbitration. Concepcion has been cited in hundreds of filings and opinions and has led to the dismissal of dozens of class actions. And press reports indicate that many more companies are turning to arbitration as an efficient, fair method for resolving disputes with customers, employees, suppliers, and others with whom they do business.
- How has Concepcion changed the landscape for arbitration?
- Why are companies choosing to make use of arbitration, and what are they doing to implement that choice?
- What legal challenges remain unresolved?
- How might federal regulators—the CFPB, the SEC, and the NLRB—affect companies’ use of arbitration?
Join Andrew Pincus, who argued Concepcion, along with Archis Parasharami and Evan Tager, who drafted the arbitration clause involved in Concepcion, wrote the briefs in that case, and have handled dozens of post-Concepcion cases, as they discuss:
- The impact of Concepcion on other arbitration and class action cases over the last year
- Key considerations in drafting arbitration agreements in light of Concepcion
- Ongoing legal challenges to arbitration
- Proposed legislation and regulations to restrict the use of arbitration