This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. A California appellate court rules that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Act” or “EFASASHA”) can be applied retroactively, where the employee’s claim was asserted after the law’s…

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. FINRA has published a regulatory notice implementing on March 4 the Authority’s rule change proposal to implement recommendations resulting from the outside investigation of allegations that the arbitrator selection process was…

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. With oral arguments just weeks away, the amicus briefs have been piling up. We reported in SAa 2024-03 (Jan. 18) that the Supreme Court had set February oral arguments in Bissonnette v. LePage Bakeries…

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Court in Jane Doe #1 (I.G.) v. Massage Envy Franchising, LLC, 2023 WL 8801517 (Cal. Ct. App. Dec. 20, 2023), enforces an online “clickwrap” agreement containing a predispute arbitration agreement (“PDAA”) with…

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Supreme Court has set February oral arguments in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51 and Coinbase v. Suski, No. 23-3, two cases involving arbitration in which Certiorari was previously granted. The February calendar shows that Bissonette will…

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The SEC has approved FINRA’s proposal to amend the non-attorney representation rules. As reported in SAA 2023-40 (Oct. 26), the authority on October 5 filed SR-FINRA-2023-013, Proposed Rule Change to Amend the Codes of…

FINRA Dispute Resolution Services (“DRS”) has posted case statistics through November, with trends continuing to show a comparatively strong year in arbitration filings – especially industry cases – and a bit of a recovery in mediations.

The SEC Office of the Investor Advocate has issued a report recommending that predispute arbitration agreement (“PDAA”) use by investment advisers be studied and that in the meantime PDAA use be suspended. The report also raises serious concerns about PDAAs calling for administration by private ADR providers.

The DC Circuit holds that it was bound by full faith and credit to reject Venezuela’s challenge to a $600+ million Award rendered against it.

This post first appeared on the Securities Arbitration Alert blog.  The blog’s editor-in-chief is George H. Friedman, Chairman of the Board of Directors for Arbitartion Resolution Services, Inc. The Eastern District of Virginia has joined a growing chorus of courts holding that the McCarran-Ferguson Act does not “reverse-preempt” the UN Convention. The virtually unlimited reach of Federal Arbitration Act…

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