Last week, we analyzed the cases involving business and securities arbitration decided by Supreme Court nominee, Judge Brett M. Kavanaugh of the District of Columbia Circuit. This week, we look beyond those areas. We concluded last week that, based on that very limited sampling, Judge Kavanaugh, who was on the President’s published List of potential […]

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By Noah D. Sorkin A defendant violates New York Penal Code §165.07 when he reproduces a company’s proprietary computer code in a tangible form with the intent to do so and without authorization, even though he does not deprive the company of the continued use of the code. People vs. Aleynikov, No. 47, 2018 NY […]

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President Trump on July 9th nominated Judge Brett M. Kavanaugh of the District of Columbia Circuit to fill the open Supreme Court seat created by the retirement of Justice Anthony Kennedy. So far, we’ve found several cases – one involving securities arbitration – and based on this very limited sampling, Judge Kavanaugh, who was on […]

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By Christopher G. Lazarini *Class action waivers in employment agreements are enforceable. **FINRA Rule 13204’s prohibition against compelling a member of a certified or putative class to arbitrate may be contractually waived. Laver vs. Credit Suisse Securities (USA), LLC, No. 18-cv-00828 (N.D. Cal., 6/21/18). Of Dispute Resolution and Deferred Compensation Plaintiff is a former financial […]

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By George H. Friedman* SAC Board Member and Contributing Legal Editor [This guest blog post is derived from a feature article by the same name appearing in 2018:3 Securities Arbitration Commentator] In a 5-4 decision split along ideological lines, the Supreme Court on May 21 held in Epic Systems Corp. v. Lewis, No. 16-285, that the […]

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By George H. Friedman* SAC Board Member and Contributing Legal Editor Having already agreed to review two arbitration-centric cases next Term, the Supreme Court on June 25 granted Certiorari in a third case, setting up the first arbitration “trilogy”[1] in over fifty years. This blog post examines the three cases the Court has agreed to […]

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In SAA 2018-24, we identified the four broker-dealers (BDs) with the largest presence in securities arbitration, with special emphasis on their Customer-Member Awards. This week, we finish our survey, turning our attention to their use of counsel. That is to say, we determine how often a given BD relies on its own corporate counsel, or […]

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By Ben Suter The SEC’s administrative law judges are officers subject to the Appointments Clause. Lucia vs. SEC, Dkt. No. 17-130, 2018 U.S. LEXIS 3836 (U.S. Sup. Ct., 6/21/18). In a 6-3 Opinion, the Court reverses the judgment of the Court of Appeals, which upheld the SEC’s order deeming its administrative law judge’s (“ALJ”) decision […]

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By Jill I. Gross * When a party to a purported arbitration agreement claims that the container agreement as a whole was fraudulently induced, that claim is arbitrable. **A customer’s ability to trade in options is sufficient consideration to bind him to an account agreement. Curtis vs. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. […]

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