Meredith C. Slawe, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Michael W. McTigue Jr., Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Companies across industries are being targeted with mass arbitration. Well-resourced firms solicit large numbers of claimants (consumers or employees) through dedicated websites and social media platforms. They threaten and file tens of thousands of boilerplate arbitration demands at the same time or in successive waves. By doing so, they trigger substantial arbitration fees, which they then leverage to seek premium settlements. Businesses that have sought to enjoin this practice or otherwise raised serious concerns about this tactic have to this point been unsuccessful. The speakers will address the mass arbitration environment and practical strategies to mitigate risk while preserving consumer and employee-friendly arbitration clauses.