Brooks to Speak at ACI's 8th National Consumer Finance Class Actions and Litigation Conference

January 27-28, 2009

O'Melveny partner Brian Brooks will be a panelist at the American Conference Institute's 8th National Consumer Finance Class Actions and Litigation Conference on January 27-28 at the Affinia Manhattan Hotel in New York. Brooks will participate in the session titled, "Getting Arbitration Agreements and Related Class Action Waivers Enforced When Courts Are More Willing Than Ever to Reevaluate Their Fairness". On the agenda, items to be discussed include the following:

  • Examining the latest decisions about enforceability of arbitration provisions that seek to preclude class treatment, including parsing the arguments that have won and lost and the range of results in different jurisdictions and situations
  • Drafting an arbitration provision to be effective in avoiding class treatment, in arbitration and in court
  • What issues remain for possible Supreme Court attention, after state court rulings on class arbitration issues?
  • Responding to contentions that arbitration is unfair
  • How to approach arbitration if it looks like there may be a class proceeding
  • Factoring in the Arbitration Fairness Act and other legislative developments into the analysis

Rik S. Tozzi (Starnes & Atchison LLP) will be moderating the panel, and other panelists include Gary A. Deutsch (Senior Vice President & Assistant General Counsel, Sovereign Bank), David Oppenheim (Senior Counsel, Law and Compliance Discover Financial Services), and Christopher R. Lipsett (Partner, WilmerHale).

Affinia Hotel
New York, NY

New York