Class Action Waivers and Enforceable Arbitration Agreements after the Supreme Court's 2011 Decision in AT&T Mobility v. Concepcion

Date(s) of Presentation
Tuesday, June 7, 2011

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Program Description:

On April 27, 2011, the U.S. Supreme Court issued a significant ruling in AT&T Mobility v. Concepcion, which has far-reaching implications for employers and employees.  The Court ruled that arbitration agreements that bar class claims are permissible, and found that any state laws prohibiting such agreements are preempted by the Federal Arbitration Act.  Although this ruling involved a consumer claim, the holding likely extends to employment disputes and thus may significantly increase the usefulness of mandatory arbitration in the employment context.  What does all this mean for employers – and employees?  What should employers do about existing arbitration agreements?  How should businesses structure arbitration agreements going forward?  Our presenters, who hail from across the United States, will provide both a national and regional perspective on this decision, discuss its far-reaching implications, and offer practical guidance on the following: 


  • Rosalee McNamara, Moderator; Partner, Lathrop & Gage LLP, Kansas City, MO
  • Stephen L. Barker, Partner, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY
  • John F. Baum, Partner, Curiale, Hirschfeld Kraemer LLP, San Francisco, CA
  • Howard E. Cole, Partner, Lewis and RocaLLP, Las Vegas, NV
  • Steven M. Knecht, Special Counsel,  Kramer Levin Naftalis & Frankel LLP, New York, NY
  • Patricia L. “Penny” Zobel, Partner, DeLisio Moran Geraghty & Zobel, P.C., Anchorage, AK