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Many plaintiffs’ employment lawyers have come to dread the point when they learn that a client with a strong claim has “agreed” to binding arbitration, and, all too often, this is the point when the lawyer gives up on the case and walks away. But it doesn’t have to be that way. For one thing, there are still several viable ways of defeating forced arbitration clauses that do not rely on the NLRA cases argued at the U.S. Supreme Court this term. This panel will explore these challenges to forced arbitration and what to look for to see if a particular clause is beatable. We will then describe strategies for succeeding in the arbitral forum if you have to bring your case there, focusing on the ways in which arbitration differs from traditional litigation and how plaintiffs’ attorneys can use those differences to benefit our clients.
This course has been approved in CA, OK, VT and IL. Please see your state's MCLE site for more information or to find out if attorneys may earn credit through reciprocity or self-submission.
Karla Gilbride Karla Gilbride is the Cartwright-Baron Staff Attorney at Public Justice, working out of its Washington, DC office, where she specializes in litigating challenges to the use of forced arbitration provisions in contracts with employees and consumers....MoreKarla Gilbride is the Cartwright-Baron Staff Attorney at Public Justice, working out of its Washington, DC office, where she specializes in litigating challenges to the use of forced arbitration provisions in contracts with employees and consumers. Ms. Gilbride has successfully briefed and argued such cases before the Eighth, Ninth, and Eleventh Circuits, as well as before state appellate courts in New Jersey and Maryland, resulting in the clauses in each of those cases being deemed unenforceable. She has also testified on potential legislative solutions to the abuses of forced arbitration before the state legislatures of California and New York. In addition to her work on forced arbitration, Ms. Gilbride has pursued wage and hour and misclassification cases in California and New York, and has argued against the use of Rule 68 pick-off offers before the Seventh and Ninth Circuits. Before coming to Public Justice in 2014, she pursued employment discrimination and wage and hour cases at Mehri & Skalet PLLC in Washington, DC and class actions on behalf of people with disabilities at Disability Rights Advocates in Berkeley, CA. She graduated from Georgetown Law School in 2007 and clerked for Judge Ronald Gould on the Ninth Circuit. Collapse
Matthew C. Hellend Matthew C. Helland serves as the managing partner of Nichols Kaster's San Francisco office, where he focuses his practice on class and collective wage and hour cases filed in California and throughout the country. In addition to representing workers...MoreMatthew C. Helland serves as the managing partner of Nichols Kaster's San Francisco office, where he focuses his practice on class and collective wage and hour cases filed in California and throughout the country. In addition to representing workers across the country in wage and hour actions, Matt has also handled cases involving WARN Act violations, breach of contract, and severance negotiations. Matt is an active volunteer at Workers' Rights Clinics through Legal Aid at Work, where he supervises student attorneys in providing legal assistance to low-wage workers. Matt serves as the chair of the WARN Act subcommittee of the ABA's Federal Labor Standards Legislation Committee and is a chapter editor of the Fair Labor Standards Act treatise. Matt frequently finds himself resolving wage and hour cases in litigation, where he has been successful in vindicating his clients' rights and making employers wish they had never agreed to individual arbitration. Collapse
June 27, 2018
Program Titles and Supporting Materials
This program contains the following components:
You Don’t Have To Walk Away - Audio
You Don’t Have To Walk Away - Paper
How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed
internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.
Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below).
If electing credit for this program, registrants in jurisdictions not listed below will receive a
Certificate of Completion that may or may not meet credit requirements in other jurisdictions.
Where applicable, credit will be only awarded to a paid registrant completing
all the requirements of the program as determined by the selected accreditation authority.