Class Action Trends Report: Traversing the Arbitration Terrain (United States)

On March 3, 2022, President Joe Biden signed legislation that makes predispute arbitration agreements and class action waivers invalid and unenforceable to sexual assault and sexual harassment claims. On its face, the law is limited to those specific types of claims. However, legislative attempts to restrict arbitration rights persist at the federal, state, and local levels. 

Also in March, the US Supreme Court heard oral argument on several important abitration-related matters. The Court's eventual rulings in these cases will have important implications for employers seeking to pursue arbitration in lieu of costly class litigation. Meanwhile, the plaintiffs' bar continues to deploy new tactics to avoid individual arbitration of disputes. 

Eric Magnus, a principal in the Atlanta office of Jackson Lewis and co-leader of the firm's Class Action and Complex Litigation practice group, along with William Robert Gignilliat, IV, a principal in the Greenville, South Carolina office of Jackson Lewis and member of the firm's Class Actions and Complex Litigation practice group, Scott P. Jang, a principal in the firm's San Francisco office and member of the firm's California Class and Private Attorneys General Act (PAGA) Action group, and Samia M. Kirmani, a principal in the firm's Boston office, co-leader of the Jackson Lewis Workplace Training group, and member of the Advice and Counsel and Internal Investigations of practice groups, dive into these complex issues and new developments, and offer guidance on navigating the current terrain.