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This webinar will provide an in-depth look at arbitration as a litigation-prevention tool, delve into the challenges being marshalled against its effective use by employers, and suggest strategies and tactics for dealing with these challenges with an eye to keeping this valuable defensive weapon effective and efficient.
Arbitration clauses in employment contracts and collective bargaining agreements offer the best shield against class actions and collective actions by employees, former employees, plaintiff-side employment attorneys, and anti-discrimination agencies. But new laws, such as 2022’s Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, have raised questions about the enforceability of arbitration provisos. And aggressive plaintiff-side lawyers have found tactics to make arbitration more onerous for employers. To keep arbitration as a valuable risk-management option, management-side attorneys and HR Compliance Professionals need to know both law and procedure.
Dr. Jim Castagnera holds an M.A. in Journalism from Kent State University, and a J.D. and Ph.D. (American Studies) from Case Western Reserve University. He worked 10 years as a labor, employment, and intellectual-property attorney with Saul Ewing and 23 years as associate provost & legal counsel for academic affairs at Rider University, where in 2018 he received the university’s highest annual award for distinguished service. He also did stints as a full-time law professor at UT-Austin and Widener University Law School.
Having retired from Rider in 2019, he is engaged in a portfolio of activities: President of Dr. Jim’s One-Stop HR Shop, a freelance writing, webinar and training company in the HR space; Partner with Portum Group International LLC, an educational and training organization in the data-privacy and compliance space; Of Counsel to the Wilftek, a law firm specializing in IP; an Adjunct Professor of Law in the Kline School of Law at Drexel University.