Current Developments in Arbitration (On Demand Seminar)

A pre-recorded streaming video replay of the March 2020 webcast, Current Developments in Arbitration.

Cosponsored with the Virginia Bar Association–Virginia State Bar Joint Alternative Dispute Resolution Committee

Arbitration is a significant option for parties with disputes. It can work as an alternative to litigation and as a tool to manage risk and expense, and has been adopted and required by a wide variety of employers, industries, and organizations. Services are offered by a number of administering and self-regulatory organizations, and arbitration has grown from commercial and construction industry disputes to become more widely used in financial services, consumer claims of many types, and claims arising from the workplace. This growth, however, has been accompanied by some recent high-profile battles and concerns, as courts occasionally review challenges relating to enforceability, arbitrability, class actions, and other issues.

This seminar will survey the current state of the art of arbitration. These topics and the perspectives of the experienced faculty will be of interest to employers, competitive businesses, and their in-house counsel, as well as the practicing bar, including those practicing in litigation, labor and employment, and commercial contracts.

Topics to be covered include:

• Major arbitration service providers
• Types of cases, volume, trends
• Intended advantages v. actual
• Statutory basis and support; excluded cases
• Workplace/employer arbitration programs
• Class action waivers
• Serial arbitrations in response to class waivers
  
• Basis of agreement; enforcement of the obligation
• Judicial construction; burdens
• Scope of the issues to be arbitrated; submission agreements
• Avoiding the arbitration obligation
• Court action pending arbitration
• Issues in the hearing; compelling third parties
• Differences in adjudication
• Types of remedies; enforcement
• Judicial review
• The new Appellate Mediation project
• Current cases, and pending legislation

FACULTY

Hon. LeRoy F. Millette Jr., The McCammon Group / Richmond
James C. Cosby, O’Hagan Meyer / Richmond
Adam L. Lounsbury, Jackson Lewis / Richmond

ABOUT THE SPEAKERS

Hon. LeRoy F. Millette Jr., The McCammon Group / Richmond
After having served as a member of the Virginia judiciary at every level, most recently as a Justice of the Supreme Court of Virginia, Justice Millette has been actively engaged in providing mediation, arbitration, judge pro tempore, and special master with the McCammon Group, a leading provider of these services in the mid-Atlantic region.

James C. Cosby, O’Hagan Meyer / Richmond
James Cosby has represented clients in hundreds of arbitrations across the U.S., in disputes ranging from financial services, investment banking, construction and development, consumer claims, professional liability, and employment matters arising from a wide variety of industries. He also serves as an Adjunct Professor of Law at the University of Richmond School of Law.

Adam L. Lounsbury, Jackson Lewis / Richmond
Adam Lounsbury defends employers in class and collective actions against alleged wage and hour violations resulting from misclassification and other workplace-related claims. Over the course of his career, he has represented financial institutions, automobile and consumer product manufacturers, and companies in the transportation, insurance, tech, travel, healthcare, and hospitality industries.