Class Actions: Arbitration Agreements and Class Action Waivers (Federal, CA)

Summary

This practice note discusses agreements to arbitrate and class action waivers under federal and California law. It addresses how arbitration agreements commonly limit access to judicial class actions; who benefits from limitations on class actions, and in which types of cases; mandatory arbitration agreements; fighting and defending class action waivers; considerations for defense and plaintiff's counsel; and how a class action waiver might affect the strength and value of a potential case.