Category Archives: General

Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement

Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer’s obligation to arbitrate disputes with a customer under FINRA … Continue reading Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement →

Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement

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Little did I know that I was on NHL.com’s email list.  I guess having a son wild about all things hockey must have had something to do with it.  So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it … Continue reading Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement →

“Tell her Capt. Johnson is sorry and he apologizes.”

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Five days ago, an unarmed eighteen year old, Michael Brown, was killed by a police officer in Ferguson, Missouri.  As is all too commonly the situation, Mr. Brown was African American and the police officer who did the shooting (as with most of the police in Ferguson) was white.  An investigation is on-going, but the … Continue reading “Tell her Capt. Johnson is sorry and he apologizes.” →

FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions

Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules.  It tweaked the definition of “public” and “non-public” arbitrators (the two classifications FINRA uses) to decrease the chance that a “public” arbitrator would have any affiliation … Continue reading FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions →

Multi-Stage Negotiation Materials on DRLE Website

John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in incorporating or expanding their use of multi-stage simulations. Here’s John: Probably most of us use … Continue reading Multi-Stage Negotiation Materials on DRLE Website →

Works-in-Progress Conference Registration

Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference, which will take place this November at Southwestern Law School in Los Angeles.  The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday,November 6.  Friday, November 7 will feature a full day of presentations, along with continental breakfast, luncheon and dinner … Continue reading Works-in-Progress Conference Registration →

Second Circuit Adopts Bright-Line Definition of FINRA “Customer” For Arbitration Purposes

The circuit courts continue to refine the definition of the term “customer” under FINRA Rule 12200.  A “customer” can compel a broker-dealer to arbitrate a dispute even in the absence of a pre-dispute arbitration agreement.  FINRA does not define “customer,” except for its mention in Rule 12100(i) (a “customer shall not include a broker or … Continue reading Second Circuit Adopts Bright-Line Definition of FINRA “Customer” For Arbitration Purposes →