Nearly a year ago, the U.S. Supreme Court held in AT&T Mobility LLC v. Concepcion that the Federal Arbitration Act preempts state laws that prohibit the enforcement of arbitration agreements simply because they do not allow for the use of class procedures in arbitration. In view of Concepcion, many businesses have considered implementing or enforcing employment arbitration agreements that preclude class treatment of claims.

But despite Concepcion’s clear holding, employment arbitration agreements remain under assault by the plaintiffs’ bar. Since Concepcion, lower courts have addressed numerous attempts by the plaintiffs’ bar to sidestep or distinguish the decision. And recently, the National Labor Relations Board has held that, in certain contexts, requiring employees to agree to arbitrate disputes on an individual basis constitutes an unfair labor practice in violation of the National Labor Relations Act.

Please join Mayer Brown partners Archis Parasharami, Bronwyn Pollock, and Kevin Ranlett as they discuss how businesses can navigate the post-Concepcion landscape. Archis and Kevin were two of the lawyers who represented AT&T Mobility before the Supreme Court in Concepcion; they have advised numerous businesses on drafting and enforcing arbitration provisions. Bronwyn’s practice focuses on counseling employers with respect to legal compliance and arbitration matters and defending them against putative class and individual actions under federal and state labor laws. Among the topics they will discuss include:

  • What the Supreme Court’s decision in Concepcion means for employers
  • How courts have responded to the arguments by plaintiffs’-side employment lawyers that Concepcion is inapplicable or distinguishabl
  • The NLRB’s recent declaration in the D.R. Horton case that a mandatory agreement to arbitrate on an individual basis violated the NLRA
  • Key considerations in drafting, implementing and enforcing arbitration agreements in light of Concepcion and subsequent decisions

9:30 p.m. – 10:30 p.m. CST
8:30 p.m. – 9:30 p.m. GMT

United States
3:30 p.m. – 4:30 p.m. EST
2:30 p.m. – 3:30 p.m. CST
1:30 p.m. – 2:30 p.m. MST
12:30 p.m. – 1:30 p.m. PST

CLE credit is pending.

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