Defeating Motions to Compel Arbitration: Six Strategies to Keep Your Client Out of Arbitration

Valerie T. McGinty of the Law Office of Valerie T. McGinty breaks down six key approaches attorneys can use to challenge motions to compel arbitration, from jurisdictional issues and mutual assent to unconscionability and scope. Drawing on a wide range of recent California and federal case law, McGinty will illustrate how courts have denied these motions across consumer, employment, elder abuse, and sexual harassment cases. Attorneys will leave with practical strategies for defeating arbitration agreements, including how to argue waiver, leverage failure to pay arbitration fees, and determine when a writ may be the best path forward.The Employment Law Section is chaired by Andie Field