Joan Fife Discusses Class Arbitration with the Daily Journal

Winston & Strawn partner Joan Fife was quoted in the Daily Journal article, "Companies Face Risks of Class Arbitration in Employee Cases," published January 11, 2013.

According to the article, a company's decision to enforce an arbitration agreement in the face of class action claims may backfire, leaving employers feeling "buyer's remorse," an outcome Ms. Fife says attorneys should be prepared for. "The lawyers should be advising the clients of the risk of demanding arbitration."

However, class arbitration may provide advantages for employers. "You pretty much know who your judge is going to be, and you can anticipate what that looks like," Ms. Fife said. "I could certainly envision a circumstance where the employer is more comfortable with a selected arbitrator than they were with the judge that was selected for the case."

In addition, companies may prefer arbitration because it reduces the publicity surrounding the case, Ms. Fife said. This could prevent other employees from filing "copycat" cases.

Joan Fife is the managing partner of the firm's San Francisco office and the head of the labor and employment group. She represents employers throughout the country in class action employment litigation.