Defense firms have sounded the alarm for years about the coming onslaught of mass arbitration, but there hasn’t been a surge—at least, not yet.
For most companies, mass arbitration has been more of a “theoretical possibility” than a reality, said Steven Weisburd, Los Angeles managing shareholder at Carlton Fields. The 2023 Carlton Fields Class Action Survey, released earlier this year, asked legal departments for the first time whether their corporations had experienced mass arbitration in the past 12 months.
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