PRACTICE / Arbitration Challenges

Any matter where a plaintiff-side attorney needs to defeat an arbitration clause. That includes consumer protection, employment and wage and hour, financial services, crypto and fintech, antitrust, sexual assault and harassment, and complex commercial litigation. The common thread is the arbitration fight, not the underlying claim type.

It means we can come in before a complaint is filed and stay through the final appeal. We evaluate the arbitration clause on the front end, write the district court briefing and trial court argument, handle any appeals or writs following the trial court order, handle argument in arbitration if a delegation clause is enforced, and remain involved through settlement if the arbitration fight is won. Plaintiffs’ attorneys can bring us in at any stage, but early involvement produces the best outcomes and the most favorable fee structures.

We work on an upfront basis, a contingency basis, or a hybrid of both, typically a flat fee plus a percentage of fees recovered once arbitration is defeated. The right structure depends on the specific circumstances and client needs. We are straightforward about this in early conversations.

Either model works. Some plaintiffs’ firms want to retain the case and bring us in specifically for the arbitration fight; that's co-counsel. Others refer the matter entirely. We are flexible on structure.

Yes. Arbitration clause litigation is its own specialty within appellate practice. Many excellent appellate lawyers do not do this work regularly, which means they may not know the current state of the doctrine at the circuit level. We can handle the arbitration briefing specifically while your existing appellate counsel manages the rest of the case.

As early as possible is always better, but we understand that arbitration issues often surface after a case is underway. We can come in before a complaint is filed, after a motion to compel is served, or at the appellate stage if a motion was already decided below. The earlier we are involved, the more we can do to build the record for any appeal.

Yes. Arbitration clause law is primarily governed by federal statute and federal common law, which means our work is not jurisdiction-limited. We handle matters across the country.

Most of the well-known names in plaintiff-side appellate arbitration work are oriented toward massive cases — MDL-scale matters, nine-figure settlements. While we are able to take those matters, we built this practice to serve a broader range of plaintiffs’ attorneys, including smaller firms with strong cases that are not yet at that valuation. We are also structured to come in earlier than most appellate specialists, which changes what we can do for the case. And because Clarkson has the resources to litigate complex cases at the trial court level and attorneys who practice in a broad array of areas, we are able to serve as litigation co-counsel for attorneys looking for a more comprehensive partnership beyond the arbitration fight.

The arbitration clause itself, the underlying claims, the posture of the case (pre-filing, pending motion, or on appeal), and a general sense of the case value and fee structure. We can usually tell quickly whether there's a viable challenge and what it would take to run it.

Use the contact form on this page. Inquiries are reviewed by Kristen Simplicio and Glenn Danas directly.