Update: Investor Protection Act and Securities Arbitration

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On November 5, I blogged (here) about the House Financial Services Committee’s Investor Protection Act and its provision empowering the SEC to enact regulations banning mandatory arbitration in customer-broker account agreements.  In that post, I wrote: “I don’t quite understand the significance of this provision, as I understood that the SEC already has the authority under the … Continue reading Update: Investor Protection Act and Securities Arbitration →

ABA Discussion of Impact of Pyett on Union-Management Relations

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Lawrence E. Dubé of BNA’s Labor Relations Week reported on a post-Pyett discussion at a recent ABA meeting: “The U.S. Supreme Court ruled earlier this year that a collective bargaining agreement “clearly and unmistakably” requiring employees to arbitrate claims under the Age Discrimination in Employment Act is enforceable, but employers and unions still are uncertain … Continue reading ABA Discussion of Impact of Pyett on Union-Management Relations →

AALS ADR Section Works-in-Progress Conference – Harvard Law School Nov. 13th and 14th

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If you have the chance to attend this year’s WIP conference at Harvard, I suggest that you do for a number of reasons.  Of course, the primary reason is that the presentations look strong (list is below) and the presenters would love to hear your thoughts on their works.  Also, believe it or not, this … Continue reading AALS ADR Section Works-in-Progress Conference – Harvard Law School Nov. 13th and 14th →

Distinguishing Hi-Lo Agreements from Mary Carter Agreements

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The Ohio Supreme Court earlier this fall came out with an opinion in Hodesh v. Korelitz, 123 Ohio St.3d 72 (2009).  For anyone wanting a springboard for teaching the basic differences between High-Low Agreements and Mary Carter Agreements, I think it’s a good case.  It does not include every piece of detail one might reasonably … Continue reading Distinguishing Hi-Lo Agreements from Mary Carter Agreements →

Investor Protection Act and Securities Arbitration

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Yesterday the House Financial Services Committee voted to recommend that the full House vote on the Investor Protection Act of 2009, H.R. 3817.  While the focus of the bill is to protect investors through enhanced regulations in the securities industry, one provision threatens to eliminate the mandatory arbitration of customer-broker disputes.   Section 201 of the bill … Continue reading Investor Protection Act and Securities Arbitration →