BulletProofBlog the blog on crisis communications

In this regular feature, Bulletproof interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. Today we talk to Anthony Tarricone, President of the American Association for Justice (AAJ) and a partner in the Boston office of Kreindler & Kreindler, LLP.

We asked Mr. Tarricone to address his organization’s legislative agenda, including last month’s action by Congress prohibiting defense contractors from mandating arbitration in their employment contracts.

What larger impact do you believe the recent Congressional ban on defense contractors mandating arbitration in employment contracts will have?

Anthony Tarricone: The passage of that amendment demonstrated to Congress and the American public just how ugly and abusive these forced arbitration agreements can be, and will hopefully build momentum for passage of legislation to protect Americans from forced arbitrations in all contexts.

Which leads to our next question – What are the realistic prospects for passage of the Arbitration Fairness Act of 2009 banning mandatory arbitration in all consumer and employment disputes?

Anthony Tarricone: We think the time is ripe for passage of this legislation. Congress and the American people are ready for more corporate accountability, and that includes banning the abusive practice of forced arbitration. Recently, one forced arbitration company ceased operations and several major banks are also no longer using forced arbitration against consumers.

So Congress and industry are hopefully getting the message, and passing legislation is essential to protect all Americans who unknowingly sign away their rights.

It’s been observed that you have singled out the nursing home industry for banning arbitration provisions in client contracts. Is that true? Why that industry and what impact do you think such a ban would have on nursing homes?

Anthony Tarricone: We do support the bipartisan Fairness in Nursing Home Arbitration Act, which would eliminate forced arbitration clauses in nursing home contracts. More and more nursing home corporations are using forced arbitration clauses as a way to avoid accountability for their negligence. These clauses force families to give up their right to take their case to court, even if a family member is severely injured or killed in the care of a nursing home facility.

The clauses are inserted in the fine print of lengthy admission documents, and many families are unaware they have signed away their rights until something tragic happens. This is a vulnerable and important group to protect. Keeping the civil justice system open to these individuals and their families will ensure the nursing industry’s operations and conduct are above-board.

What else is on your front burner in terms of either legal issues or targeted industries?

Anthony Tarricone: We hope to help usher in a new ‘decade of corporate accountability’ – in which the civil justice system will play a key role in balancing the playing field that today tilts too much in favor of powerful corporate interests. Our legislative agenda and other efforts, for years to come, will focus not only on corporate accountability, but strengthening Americans’ basic legal rights and ensuring all people have a fair chance to receive justice.

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Larry Smith is Senior Vice President of Levick Strategic Communications, the nation's top crisis communications firm, and a contributing author to Bulletproof Blog. Connect with Levick on Twitter: @Levick.