Arbitration: Be Careful What You Wish For

Recorded On: 10/28/2019

Now that the US Supreme Court has endorsed the use of class waivers in arbitration agreements, employers have a choice, stick with the old-fashioned route of litigating in court or require employees to enter into arbitration agreements as the exclusive means of dispute resolution. This session will explore factors employers weigh in deciding whether to enter into arbitration agreements with employees, as well as how the plaintiff’s bar has responded to the Supreme Court’s full endorsement of arbitration. Participants will also learn how the Supreme Court’s decision squares with the increasing number of state laws banning mandatory arbitration of sexual harassment claims in response to the #MeToo movement. Learning Objectives: Describe the downsides of using arbitration agreements; Understand how arbitration agreements could be used to wire-around sex harassment claims; Articulate the pros and cons of requiring employees to sign arbitration agreements.

Stephen Fox

Steve Fox is the Office Managing Partner of the Dallas office of Sheppard Mullin Richter & Hampton. Steve has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor to and litigation advocate for a diverse array of clients—from Fortune 200 companies to cutting-edge entrepreneurs, representing them in often complex and high-profile business and employment disputes. Consistently recognized by peers and clients as a “go-to” courtroom advocate, Steve has been inducted as a Fellow into the prestigious College of Labor and Employment Lawyers and selected by his peers as one of the Top 100 attorneys in Texas. Steve graduated from the University of Virginia’s School of Law and obtained his undergraduate degree from the University of Notre Dame.

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