Arbitration Agreements with Class Action Waivers: Epic Systems Corp. Opinion and Future Issues

In May, the Supreme Court determined that employers may continue to rely on the enforceability of arbitration agreements with class and collective action waivers.  In 2018 and beyond, lower courts will begin interpretation of the decision and its four-justice dissent.  The Restaurant Law Center filed an amicus brief in the three consolidated cases.  The Law Center will host a webinar with the attorneys from BakerHostetler—a Law Center Founding Partner—that worked on our brief to offer insights and observations as to how the decision may be interpreted and applied by lower courts in the coming months and years.  Join us in this discussion to make sense of this important decision and its implications.

In this webinar, presenters will discuss:

  • The U.S. Supreme Court decision in Epic Systems, and what this means for restaurants and other employers going forward.
  • How lower courts may interpret Epic Systems when determining whether to enforce arbitration agreements containing class action waivers.
  • How courts will resolve the potential waiver of the right to arbitrate in the 7th Circuit, 9th Circuit and 6th Circuit, where it may have been “futile” to seek arbitration.
  • How the plaintiff’s bar may respond.
  • How focused drafting can create an arbitration agreement with class action waiver that will benefit your restaurant or organization.