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Insight On The Viability Of Class Waivers In The Era Of COVID-19

Level: Intermediate
Runtime: 62 minutes
Recorded Date: December 16, 2020
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  • COVID–Litigation Overview
  • Liability Waivers
  • State Legislation
  • Class Action Waivers
  • Class Action Waivers Applied To COVID-19
  • Arbitration Agreements
Runtime: 1 hour, 2 minutes
Recorded: December 16, 2020


In a recent decision from the U.S. District Court for the Central District of California, the Court examined the viability of class action waivers in the face of claims that the defendants' negligence led to an outbreak of COVID-19. Ultimately holding that the class action waivers signed by the plaintiffs were enforceable, the Court's analysis provides a road map for employers.

During this one-hour seminar, we will examine the viability of liability waivers, class action waivers, and bilateral arbitration agreements and provide tips for bolstering the enforceability of such programs in the era of COVID-19.

This program was recorded on December 16th, 2020.

Provided By

American Bar Association
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Amy Palesch

Corporate Counsel

Amy Palesch is a Corporate Counsel at EmployBridge. She earned her JD at the School of Law at the University South Carolina.

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Jennifer A. Riley

Partner, Labor & Employment
Seyfarth Shaw LLP

Jennifer confronts and successfully navigates the challenges posed by the most complex litigation matters and defends companies embroiled in class actions, collective actions, and other types of representative proceedings.

For more than two decades, Jennifer has defended companies faced with significant complex litigation matters. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. As such, Jennifer works on the forefront of the developing law in an ever changing arena. She regularly develops strategies for navigating some of the largest challenges faced by corporate America today and counsels employers confronted with a range of complex employment law theories that span from claims of discrimination or sexual harassment to myriad types of alleged wage & hour violations.

Jennifer is a regular speaker and presenter regarding developments in the law and challenges on the horizon. As such, she strives to stay abreast of trends and changes in the employment litigation space. She constantly looks ahead to predict new challenges and to develop new tools to prevent and to defend such claims. Jennifer knows how to develop and employ successful strategies to navigate and successfully defend complex actions at inception, as well as by fracturing large-scale actions and by structuring creative solutions.

Jennifer has extensive litigation experience. She has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She has served as trial counsel in federal court bench trials, jury trials, and arbitration proceedings. Jennifer has successfully defended a multitude of actions by securing dismissal, defeating class or collective action certification, prevailing on summary judgment, and structuring and securing approval of complex and multiparty settlements and consent decrees. Jennifer also routinely counsels employers to navigate thorny employment issues, including through investigations and terminations.

Prior to joining Seyfarth, Jennifer worked as a commercial litigator at another Chicago Vault 50 firm. In addition to her experience in private practice, Jennifer also worked as in-house counsel for a Fortune 100 pharmaceutical and medical device company. As in-house counsel, Jennifer investigated, managed, and resolved a wide range of disputes in the commercial and employment areas, including single and multi-plaintiff discrimination, harassment, retaliation, and wage & hour cases.

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