This article, written by partners Christopher Boran, Kenneth Kliebard, Steven Reed, and Sam Shaulson and associates James Looby, Michael Cumming, and Heather Nelson, examines the use of class action waivers as a means of reducing the risk and expense associated with defending class and collective actions in the United States. They discuss the enforcement of class action waivers, identify trends and particular areas of concern.
Published by Thomson Reuters, the article notes that class action waivers in arbitration agreements are increasingly being enforced and have become an effective means of reducing class action risk.