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Program Overview

Combining viewpoints from the employment arena, the class action defense arena and the business sector, this panel will discuss the Supreme Court’s recent 5-4 decision in Epic Systems Corp. v. Lewis, holding that the NLRB had no authority to prohibit class action waivers in employment contracts.


Who Should Attend

  • Class action counsel
  • Labor and Employment counsel
  • Commercial Litigators
  • In-house counsel

What You Will Learn

  • The winning and losing arguments in Epic Systems
  • How Epic Systems ties in with other recent and pending decisions on class waivers, arbitration and unions
  • The long term implications of Epic Systems with respect to , collective bargaining, wage and hour litigation, Title VII litigation, and the drafting of employment contracts
  • How the reasoning of Epic Systems compares to past decisions of Justice Kavanaugh


Michael R. Pennington

Michael R. Pennington defends class actions all over the United States, and currently chairs both DRI’s Class Action Specialized Litigation Group, dedicated to class action defense, and DRI’s Class Action Task Force, dedicated to class action reform. He has over 30 years of experience on the class action front.

Scott F. Gibson

Scott F. Gibson is a partner with the Tempe, Arizona law firm of Davis Miles McGuire Gardner, PLC, where he helps businesses protect their intangible assets from disloyal employees and unfair competition. Since 2008, he has been an adjunct professor at the Sandra Day O’Connor College of Law at Arizona State University, teaching a course in Trade Secrets and Restrictive Covenants. He is a member of DRI and its Employment and Labor Law, Commercial Litigation, and Trial Tactics Committees.

Germán A. Salazar

Germán A. Salazar is Vice President / General Counsel of Amerifirst Financial, Inc. Under his guidance, Amerifirst filed an amicus brief in support of the winning side in Epic Systems.

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