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Arbitration-MediationArbitration-Mediation (iStock)

Companies and their in-house counsel have tried to stem the tide of litigation filed by employees on issues such as wage and hour and workplace discrimination by having them sign mandatory arbitration agreements that contain class action waivers. But in some of the most consequential court cases for in-house lawyers of 2016, judges ruled that these contracts, which once seemed like a safe bet to manage employment cases individually and without litigation, may no longer be viable.

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