Ninth Circuit holds public injunctive relief may be pursued by an individual in arbitration, thereby enforcing arbitration agreement and class action waiver
By EsqSocial Corporation 01/03/21
Takeaway: One of the most effective tools for a business to reduce its exposure to class action litigation is to include compulsory arbitration provisions and class action waivers in customer-facing contracts. But there are landmines inherent in taking such an approach, especially in California. If an arbitration provision operates to waive the right to seek “public” injunctive relief, then the arbitration provision will not be enforced....
By: Kilpatrick Townsend & Stockton LLP