In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a “universal rule [that] allocates this decision in all cases to either arbitrators or the courts.” See Sandquist v. Lebo Automotive, Inc., Case No. S220812, 2016 WL 4045008 (Cal. July 28, 2016). Instead, the question depends on contract interpretation under California law, unless it conflicts with federal law. The arbitration agreement in Sandquist was silent concerning classwide arbitration, so the broad language confirming the parties’ agreement to have an arbitrator decide “any claim, dispute, or controversy” was sufficient to demonstrate that the parties expected the arbitrator to resolve the issue.

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Photo of Jeff E. Scott Jeff E. Scott

Jeff E. Scott is Co-Chair of the firm’s Global Litigation Practice. Jeff is a nationally recognized trial lawyer with substantial experience acting as lead trial counsel for many cases before judges, jurors and arbitrators. He represents clients in major litigation in a wide

Jeff E. Scott is Co-Chair of the firm’s Global Litigation Practice. Jeff is a nationally recognized trial lawyer with substantial experience acting as lead trial counsel for many cases before judges, jurors and arbitrators. He represents clients in major litigation in a wide variety of areas, including media and entertainment, intellectual property, class action, unfair competition, commercial contract disputes, and business torts. His clients include some of the nation’s largest companies.

Jeff was recently recognized as “Litigation Attorney of the Year,” by the Los Angeles Business Journal, and was lauded as a “go-to” litigator for major motion pictures studios and gaming companies. He has also been recognized by Legal 500 as a top commercial and international litigation attorney, The Hollywood Reporter as a winner of its “Top 100 Power Lawyers Award” and listed on Variety Magazine’s “Legal Impact Report,” and Acritas‘s “Star Lawyers,” list.

In addition to leading the firm’s preeminent Litigation practice of more than 600 attorneys worldwide, Jeff is actively involved in LA’s nonprofit community and sits on the board of the Constitutional Rights Foundation (CRF). Jeff is also a member of the American Bar Association, the Association of Business and Trial Lawyers, the Century City Bar Association and the Los Angeles County Bar Association.

Photo of Adil M. Khan Adil M. Khan

Adil M. Khan is a commercial litigator with a primary focus on commercial disputes, class actions, and labor & employment matters. He has diverse experience in all phases of civil litigation, from the pleadings stage through trial, in both state and federal courts.…

Adil M. Khan is a commercial litigator with a primary focus on commercial disputes, class actions, and labor & employment matters. He has diverse experience in all phases of civil litigation, from the pleadings stage through trial, in both state and federal courts.

Adil has represented companies in a variety of contexts, including pursuing former executives and managers for theft of trade secret, unfair competition, conversion, and fraud. He has helped his clients navigate commercial real estate disputes and lender liability claims.

He also has wide-ranging experience with consumer class action litigation, including the defense of a publicly traded, for-profit owner of various “trade schools” in multiple class actions alleging claims under Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act.

His labor & employment work concentrates on the defense of wage-and hour-class actions under federal and state law, as well as individual and multi-plaintiff claims involving discrimination, harassment, and retaliation.

In prior years, Adil gained considerable experience in representing several juice makers in defending claims of false advertising under the Lanham Act.

Photo of Rob Herrington Rob Herrington

Robert J. Herrington, Co-Chair of the firm’s Class Action Litigation Group, focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries…

Robert J. Herrington, Co-Chair of the firm’s Class Action Litigation Group, focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries, including apparel and footwear, retail, emerging technologies, consumer electronics, video game, telecommunications, advertising and publicity, online retailing, food and beverage, nutritional supplements, personal care products, sports and fitness, outdoor equipment, home appliances, automotive, and insurance.

Rob is the author of the best-selling book, Verdict for the Defense (Sutton Hart Press 2011), and a co-author of the first and second editions of The Class Action Fairness Act: Law and Strategy (ABA Publishing 2013 and 2022) as well as Class Action Strategy and Practice Guide (ABA Publishing 2018). Rob was recognized as the “Class Action Litigation Lawyer of the Year” (2017) by the Century City Bar Association. In 2013, 2014 and 2015, Rob was named in Law360‘s list of “Top Attorneys Under 40” for Class Actions.