Practical Tips for the Effective Use of Arbitration Clauses to Mitigate Litigation Exposure

The last few years have seen both risks and opportunities in developing and deploying arbitration clauses designed to mitigate all types of litigation exposure. With reference to recent cases and lessons learned, this presentation will cover best practice in developing, deploying, and enforcing arbitration clauses for use in direct transactions, and addressing the ever-evolving ability to enforce third party arbitration clause under non-signatory enforcement theories.   This presentation will also address the use of arbitration clauses to deter/defeat class action suits, as well as the potential threat of mass arbitration and strategies to mitigate that exposure.

Michael Mallow, Managing Partner, Shook, Hardy & Bacon L.L.P.

Amir Nassihi, Co-Chair, Class Action & Appellate Litigation Practice Group, Shook, Hardy & Bacon L.L.P.