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Life After Epic Systems: How Employers, Employees, and Arbitrators Are Adapting to the World of Class Action Waivers

Level: Advanced
Runtime: 63 minutes
Recorded Date: September 18, 2018
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  • Introduction to Epic Systems
  • Brief Background on Epic Systems Corp v. Lewis
  • The decisions' impact on employees, employers, practitioners, and arbitrators
  • New multi-plaintiff litigation strategies and trends
  • How the case has been applied by other courts
Runtime: 1 hour and 3 minutes
Recorded: September 18, 2018


Take an in-depth look at the practical effects of the Epic Systems Corp v. Lewis Supreme Court decision.

In May 2018, the United States Supreme Court issued the landmark Epic Systems Corp. v. Lewis decision, resolving a circuit split by holding that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285, 16-300, 16-307). While many articles and programs have analyzed the decision’s reasoning and holding, this program will address the decision’s practical effects.

This program was recorded on September 18th, 2018

Provided By

American Bar Association
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Melissa Stewart

Outten & Golden LLP

MELISSA LARDO STEWART is a partner at Outten & Golden LLP in New York, where she represents employees in class action wage and discrimination cases. She has represented workers across many industries and job functions, including retail, sales, food service, hospitality, financial services, accounting, and telecommunications. She has prosecuted wage theft claims on behalf of workers who were required to work off-the-clock, subjected to time-shaving, wrongly classified as exempt from overtime protections, and improperly treated as independent contractors. Ms. Stewart also currently represents employees and applicants in class and collective action gender and age discrimination cases.

Before Ms. Stewart joined Outten & Golden LLP in November 2013, she clerked for the Honorable James Orenstein in the Eastern District of New York and the Honorable Dickinson R. Debevoise in the District of New Jersey, and represented workers and labor unions as an associate at Woodley & McGillivary in Washington, D.C. She graduated magna cum laude from Fordham University School of Law in 2009.

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Robin H. Gise, Esq.


Robin H. Gise, Esq. is an experienced mediator and arbitrator specializing in business/commercial, employment, insurance, and construction/real estate disputes. Known for her ability to quickly grasp complex business and legal issues, Ms. Gise works closely with the parties to identify and develop solutions in highly charged claims.

Ms. Gise works skillfully with parties, insurers, and other stakeholders to find workable solutions. Ms. Gise is known for her extensive experience with employment disputes including discrimination claims, executive compensation and FLSA/wage and hour claims. Her cases have involved highly compensated executives, salaried workers, hourly paid workers, and public employees. Ms. Gise is a member of the Eastern District of New York Mediation Panel, the New York Supreme Court Commercial Division ADR Roster, and the FINRA Dispute Resolution Panel.

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Jesse C. Farrantella

Ogletree Deakins

Jesse Ferrantella is an associate in the San Diego office of Ogletree Deakins. He represents employers in all aspects of employment law, including wage-and-hour law, employment discrimination, retaliation, harassment, and claims brought under California’s Private Attorneys General Act. His practice includes a strong emphasis on defending employers in class and representative actions.

Jesse’s practice involves all aspects of litigation in state and federal court, including presenting argument on motions, preparing dispositive motions, and working on appeals and amici briefing before the Ninth Circuit Court of Appeals, California Supreme Court, and California Court of Appeal. He has been a part of litigation teams that have secured dismissal of class allegations, defeated class certification, obtained reversal and dismissal of claims on appeal, and obtained favorable summary judgment rulings.

Jesse also advises employers on all aspects of labor and employment law, including a strong focus on compliance with wage-and-hour law and California’s leave provisions. He has also authored several articles regarding significant developments in whistleblower retaliation law under the Sarbanes Oxley and Dodd-Frank Acts.

Prior to entering private practice, Jesse served as a law clerk to the Honorable Richard Clark at the U.S. Department of Labor, Office of Administrative Law Judges. During law school, he served as an Articles Editor for the Berkeley Journal of Employment and Labor Law. He also externed with the Honorable Stephen Reinhardt of the Ninth Circuit Court of Appeals.

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Rebecca Stephens

Senior Associate
Farella Braun & Martel LLP

Rebecca Stephens counsels clients on developing and implementing sound workplace policies and helps them navigate the complex landscape of state and federal employment law.

Ms. Stephens represents employers in a wide variety of matters including wage and hour disputes and wrongful termination, retaliation, and discrimination cases. She regularly advises employers regarding workplace policies, investigations, and separations from employment.

In her litigation practice, Ms. Stephens has experience with class actions and single-plaintiff cases in federal and state courts and before arbitrators. She also represents clients before administrative agencies including the EEOC and the DFEH.

Ms. Stephens maintains an active pro bono practice, representing and advising clients in employment matters. She also serves on the development committee for Mission Graduates, a nonprofit whose mission is to increase the number of K-12 students in San Francisco’s Mission District who are prepared for and complete a college education.

Ms. Stephens served as a law clerk and attorney-advisor to the Honorable Jennifer Gee of the U.S. Department of Labor’s Office of Administrative Law Judges and as a judicial extern to the Honorable Ruben Castillo of the U.S. District Court for the Northern District of Illinois.

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