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The U.S. Supreme Court’s decisions in Stolt-Nielsen and Concepcion have made it easier for employers to force workers into individual arbitration. What can advocates do to stop this trend? Will D.R. Horton provide the answer? Can Concepcion, which dealt with consumer class actions, be meaningfully distinguished from employment class and collective actions brought to enforce statutory workplace rights? Our veteran advocates answer these questions and more to help you successfully challenge the pernicious practice of forced arbitration.
Michael Rubin Michael Rubin is a partner at Altshuler Berzon LLP in San Francisco and a former law clerk to Justice William J. Brennan, Jr. He specializes in appellate litigation, class actions, and labor and employment law. Mr. Rubin is a three time recipient of...MoreMichael Rubin is a partner at Altshuler Berzon LLP in San Francisco and a former law clerk to Justice William J. Brennan, Jr. He specializes in appellate litigation, class actions, and labor and employment law. Mr. Rubin is a three time recipient of a California Lawyer Magazine “California Lawyer of the Year” award, and a recipient of a “Trial Lawyer of the Year” Award from Trial Lawyers for Public Justice. He has argued cases challenging the enforceability of mandatory arbitration clauses in the U.S. Supreme Court, the California Supreme Court, the Ninth Circuit, and many other courts, often with Cliff Palefsky as co-counsel; and he represents amici Service Employees International Union and Change to Win in D.R. Horton, Inc. (NLRB 2012), cross-appeals pending 5th Cir. No. 12-60031, and 24 Hour Fitness USA, Inc. NLRB ALJ 2012), cross-exceptions pending NLRB Case 20-CA-035419. Mr. Rubin is a member of the Board of Directors of the AFL CIO’s Lawyers’ Coordinating Committee and a fellow of The College of Labor and Employment Lawyers. Collapse
F. Paul Bland, Jr. F. Paul Bland, Jr., is a Senior Attorney for Public Justice and Of Counsel at Chavez & Gertler. He handles precedent-setting complex civil litigation. Mr. Bland has argued or co-argued and won more than 25 reported decisions from federal and state...MoreF. Paul Bland, Jr., is a Senior Attorney for Public Justice and Of Counsel at Chavez & Gertler. He handles precedent-setting complex civil litigation. Mr. Bland has argued or co-argued and won more than 25 reported decisions from federal and state courts across the nation, including cases in five of the federal Circuit Courts of Appeal and at least one victory in nine different state high courts. He was named the “Vern Countryman” Award winner in 2006 by the National Consumer Law Center, which “honors the accomplishments of an exceptional consumer attorney who, through the practice of consumer law, has contributed significantly to the well-being of vulnerable consumers.” Mr. Bland is a co-author of a book entitled Consumer Arbitration Agreements: Enforceability and Other Issues, and numerous articles. For three years, he was a co-chair of the National Association of Consumer Advocates. He was named the San Francisco Trial Lawyer of the Year in 2002 and Maryland Trial Lawyer of the Year in both 2001 and 2009. In 2010, he received the Maryland Legal Aid Bureau’s “Champion of Justice” Award. Prior to coming to Public Justice, he was a plaintiffs’ class action and libel defense attorney in Baltimore. In the late 1980s, he was Chief Nominations Counsel to the U.S. Senate Judiciary Committee. He graduated from Harvard Law School in 1986, and Georgetown University in 1983. Collapse
Shannon Liss-Riordan Shannon Liss-Riordan is a plaintiff-side employment attorney who specializes in wage and hour law. She is a national expert on class action litigation involving failure to pay wages, gratuities, overtime, minimum wage, and misclassification of...MoreShannon Liss-Riordan is a plaintiff-side employment attorney who specializes in wage and hour law. She is a national expert on class action litigation involving failure to pay wages, gratuities, overtime, minimum wage, and misclassification of employees as independent contractors. For the last ten years, Ms. Liss-Riordan has achieved pioneering successes developing the law protecting tipped employees. She has represented thousands of servers in Massachusetts and nationally in cases against restaurants, hotels, and other establishments for depriving employees of the full proceeds of customer tips or service charges. She has also won cases for skycaps, strippers, cleaning workers, truck drivers, and workers in many other industries for wage violations. In additional to her trial work, Ms. Liss-Riordan has won a number of landmark appellate rulings in Massachusetts wage and hour law. Ms. Liss-Riordan is a frequent national and local lecturer on employment law and class action litigation for the American Bar Association, National Employment Lawyers Association, Massachusetts Bar Association, and Massachusetts Continuing Legal Education. Each year since 2008, she has been selected for inclusion in Best Lawyers in America (Chambers) and she has been listed by the Boston Globe Magazine as one of “Boston’s Best Lawyers”; she has been named a “Super Lawyer” by Boston Magazine each year since 2005; and she was named one of ten “Lawyers of the Year” by Massachusetts Lawyers Weekly in 2002. In 2009, the year she co-founded Lichten & Liss-Riordan, P.C., Ms. Liss-Riordan was included on “The Power List,” Massachusetts Lawyers Weekly’s “roster of the state’s most influential attorneys.” She was described as a “Tenacious class-action plaintiffs’ lawyer [who] strikes fear in big-firm employment attorneys throughout Boston with her multi-million-dollar victories on behalf of strippers, waiters, skycaps and other non-exempt employees.” Collapse
March 8, 2013
Program Titles and Supporting Materials
This program contains the following components:
Challenging Forced Arbitration Of Statutory Workplace Rights Audio
Challenging Forced Arbitration Of Statutory Workplace Rights Paper
Challenging Forced Arbitration Of Statutory Workplace Rights Handouts
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