AT&T Mobility LLC v. Concepcion

Recently, the United States Supreme Court issued a key decision regarding arbitration agreements, and to what extent these agreements control plaintiffs' access to court. Over the past several terms, the Supreme Court has consistently enforced arbitration agreements and promoted arbitration as a method of dispute resolution, in such decisions as 14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456 (2009)—which was successfully argued by Proskauer—and Rent-A-Center, West, Inc. v. Jackson, 130 S.Ct. 2772 (2010). In a close 5-4 decision, the majority held that the Federal Arbitration Act preempts a California rule of law that categorizes class arbitration waivers in consumer contracts as unconscionable. The factual background of the case, opinion of the Court and the implications of the case for employers are discussed below.