Mastering Arbitration Agreements: Creation, claims, class and collective waivers, and ethical hearings

James W. Sandy
Michael (Mike) S. Kun
Diana C. Manning
James W. Sandy | McGlinchey Stafford PLLC.
Michael (Mike) S. Kun | Epstein Becker & Green, P.C.
Diana C. Manning | Bressler, Amery & Ross, P.C.

Live Video-Broadcast: June 20, 2024

Mastering Arbitration Agreements: Creation, claims, class and collective waivers, and ethical hearings

$245.00 3 hour CLE

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Program Summary

Session I – The ABC’s of Arbitration: From contract creation to arbitrating your claim - James Sandy
This presentation will discuss how arbitration works from beginning to end as well as the pros, and cons, of compelling claims to arbitration. We will also consider and discuss creating arbitration agreements in the first place, and certain defenses and pitfalls to be aware of challenging the validity or scope of an arbitration agreement.

Key topics to be discussed:

  • Your First Arbitration: A step-by-step guide
  • Guidelines for Creating a Strong Arbitration Clause
  • Common Pitfalls That Might Make Arbitration Agreements Invalid

Session II - Should Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The pros and the cons - Michael (Mike) S. Kun

Participant will learn all about arbitration agreements in the workplace. We'll talk about how they can save money and time, but also about the possible hidden costs and legal challenges. You'll find out how arbitration can offer strategic benefits like flexibility and privacy, but also come with risks such as fairness issues and employee dissatisfaction. We’ll discuss the legal upsides, like more predictable outcomes, and downsides, like fewer chances to appeal. We'll also look at how these agreements affect workplace morale and union organizing efforts. Plus, we'll cover how to enforce arbitration agreements using electronic signatures and what special rules apply to employees in the transportation industry. This webinar is perfect for legal professionals, HR staff, and business leaders who want to understand the pros and cons of using arbitration agreements.

Key topics to be discussed:

  • The financial benefits of arbitration agreements and the potential risks
  • The strategic benefits of arbitration agreements and the potential risks
  • The legal benefits of arbitration agreements and the potential risks
  • The impact of arbitration agreements on moral and union organizing
  • Enforcing arbitration agreements with electronic signatures
  • Arbitration agreements with employees involved in transportation

Session III - Ethics and the Conduct of the Arbitration Hearing - Diana C. Manning

The use of arbitration to resolve a wide variety of disputes has grown extensively and forms a significant part of the system of justice on which our society relies for a fair determination of legal rights. Arbitrators undertake serious responsibilities to the public, as well as to the parties. Those responsibilities include important ethical obligations. In this presentation, we will unpack emerging issues related to the code of ethics for arbitrators in commercial disputes and ethical considerations that frequently arise during the arbitration hearing, including impartiality of the arbitrator, conflicts of interest, confidentiality concerns, and more.

Key topics to be discussed:

  • The code of ethics for arbitrators in commercial disputes
  • Ethics and the conduct of the arbitration hearing
  • Issues related to the impartiality of the arbitrator
  • Conflicts of interest and the duty to disclose

This course is co-sponsored with myLawCLE.

Date: June 20, 2024

  • 11:00 am – 2:20 pm Eastern
  • 10:00 am – 1:20 pm Central
  • 9:00 am – 12:20 pm Mountain
  • 8:00 am – 11:20 am Pacific

Closed-captioning available

Speakers

James W. Sandy_McGlinchey Stafford PLLC_FedBarJames W. Sandy | McGlinchey Stafford PLLC.

James “Jim” W. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500 companies in all aspects of civil and commercial litigation. Financial services companies of varying sizes have engaged Jim based on his significant experience handling complex single-party and class action disputes in state and federal courts, in matters with financial exposure reaching seven figures. He also advises clients outside the financial industry in data privacy and cybersecurity matters, as well as clients involved the cannabis space.

Jim’s primary focus is on assisting and advising national mortgage servicing companies, auto finance companies, banks, and small businesses in cases involving federal and state regulatory matters, arbitrations, consumer complaints filed with the Consumer Financial Protection Bureau (CFPB), and state and federal lawsuits. Jim regularly defends lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Ohio Consumer Sales Practices Act and other state UDAAP (Unfair, Deceptive, or Abusive Acts or Practices) laws, Real Estate Settlement Procedures Act (RESPA), and Truth in Lending Act (TILA) in both state and federal courts. He also assists mortgage and auto finance clients with compliance matters, including protecting consumer data and privacy, as well as navigating the various complicated state regulatory regimes at play in the financial services context.

In the privacy arena, Jim acts as in-house counsel for small business clients, advising on data security and privacy policies and analyzing the applicability and requirements of state, federal, and global privacy regimes, such as Europe’s GDPR (General Data Protection Regulation). On the litigation side, Jim has defended clients in privacy class actions involving claims related to data breaches.

 

Michael (Mike) S. Kun_FedBarMichael (Mike) S. Kun | Epstein Becker & Green, P.C.

Attorney Mike Kun defends employers in high-stakes wage and hour, breach of contract, discrimination, and harassment cases. He has litigated more than 160 wage and hour class and collective actions in California, New York, Georgia, Maryland, and Pennsylvania. He develops creative strategies to dispose of claims and drastically reduce their litigation exposure—and he does it efficiently to help them save money.

Mike’s creative approach is highly effective when defending employers in class and collective actions, as well as in single-plaintiff cases. He’s taken more than a dozen single- or multi-plaintiff cases to trial, defending claims of discrimination, retaliation, harassment, breach of contract, and defamation. He draws on his litigation experience to help his clients avoid costly mistakes in their pay practices, employment agreements, arbitration agreements, and restrictive covenants. Mike is co-chair of Epstein Becker Green’s Wage and Hour practice group, co-creator of the firm’s Wage & Hour Guide for Employers app, and co-editor of, and a contributing writer to, the firm’s Wage and Hour Defense Blog.

 

Diana C. Manning_FedBarDiana C. Manning | Bressler, Amery & Ross, P.C.

Diana C. Manning is a Principal of the law firm Bressler, Amery & Ross, P.C. and a member of the firm’s Management Committee. For over 30 years, she has represented clients in complex commercial litigation matters and leads the firm’s Appellate, Business and Commercial Litigation, and Legal Ethics and Compliance practice groups. Diana is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and is an accomplished litigator who handles a broad range of matters. Diana is also a skilled appellate practitioner, with experience arguing before the New Jersey Supreme Court. Diana provides attorneys and law firms of all sizes with ethics and compliance advice. She is Treasurer of the New Jersey State Bar Association and a Trustee of the New Jersey State Bar Foundation. She is a member of the Advisory Committee on Judicial Conduct and a Past Chair of the NJSBA Judicial & Prosecutorial Appointments Committee and the District XA Ethics Committee. Diana is also a Past President of Trial Attorneys of New Jersey, the New Jersey Women Lawyers Association, and the Morris County Bar Association. She is the recipient of the Trial Attorneys of New Jersey Trial Bar Award and the Civil Practice Award from both the Essex County and the Morris County Bar Associations and is a three-time recipient of the “Professional Lawyer of the Year Award” conferred by the New Jersey Commission on Professionalism in the Law.

Agenda

Session I – The ABC’s of Arbitration: From contract creation to arbitrating your claim | 11:00am – 12:00pm

  • Your First Arbitration: A step-by-step guide
  • Guidelines for Creating a Strong Arbitration Clause
  • Common Pitfalls That Might Make Arbitration Agreements Invalid

Break | 12:00pm – 12:10pm

Session II – Should Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The pros and the cons | 12:10pm – 1:10pm

  • The financial benefits of arbitration agreements and the potential risks
  • The strategic benefits of arbitration agreements and the potential risks
  • The legal benefits of arbitration agreements and the potential risks
  • The impact of arbitration agreements on moral and union organizing
  • Enforcing arbitration agreements with electronic signatures
  • Arbitration agreements with employees involved in transportation

Break | 1:10pm – 1:20pm

Session III – Ethics and the Conduct of the Arbitration Hearing | 1:20pm – 2:20pm

  • The code of ethics for arbitrators in commercial disputes
  • Ethics and the conduct of the arbitration hearing
  • Issues related to the impartiality of the arbitrator
  • Conflicts of interest and the duty to disclose