(Webcast) No Judge, No Jury: A Practical Look at Employment Arbitration

Wednesday, July 14, 2021 | 9:00 am – 10:30 am

Program Chair & Moderator:
Hon. James “Jay” C. Francis IV (Ret.)

  • As discrimination and other employment cases are more frequently adjudicated in arbitration, it is important for practitioners to understand how proceedings in this forum differ from litigation in the courts. Attendees will learn: how to argue the enforceability of arbitration clauses; how discovery in arbitration has unique characteristics; and how an arbitration award may be challenged or enforced.

    Program Fee:
    $119 for Members | $219 for Nonmembers
    Small Law Firm: $69

    Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Robin Gise

    Melissa Rodriguez
    Morgan, Lewis & Bockius LLP

    Mariann Wang
    Cuti Hecker Wang LLP

  • 9:00 am – 9:05 am
    Introduction of Panelists and Hypothetical

    9:05 am – 9:25 am
    Do I Really Have to Be Here (When I’d Rather Be in Court)?

    • Enforceability of arbitration clauses
      • Unconscionability arguments
      • State law v. FAA
    • Scope of arbitration
      • Broad v. narrow arbitration clauses
      • Statutory rights
      • Pre-employment conduct/disputes

    9:25 am – 9:50 am
    OK, I’m Stuck Here, What Happens?

    • Limits on discovery
      • Limits/rights created by arbitration agreement, forum rules
      • Pattern & practice discovery
        • Comparators
      • Disparate impact discovery
      • Non-party discovery
        • Depositions
        • Documents
      • Asymmetry of information
    • The hearing process
      • Streamlined how?

    9:50 am – 10:00 am
    What Can I Say About These Proceedings I Didn’t Want to Participate in?

    • Confidentiality
      • From arbitration agreement
      • From forum rules
      • Imposed by tribunal
    • Legislative limits on confidentiality

    10:00 am – 10:10 am
    Wait a Minute, I Didn’t Want to Be Here, and I Have to Pay for It?

    • Costs
      • From arbitration agreement
      • Forum rules
      • Tribunal discretion
    • Attorneys’ fees
      • Relation to statutory fee-shifting

    10:10 am – 10:25 am
    I Won/Lost! What’s Next?

    • Enforcing an award
    • Vacating an award

    10:25 am – 10:30 am

  • New York: 1.5 Skills
    New Jersey: 1.5 General
    California: 1.5 General
    Pennsylvania: 1.0 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committees:
    Labor & Employment, Katherine A. Greenberg, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org