Ninth Circuit Hears Oral Argument in Case Challenging FINRA’s Class Action Waiver Prohibition in Employment
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By George H. Friedman, SAA Editor-in-Chief

A case heard by the Ninth Circuit on February 13 addressed the validity of FINRA’s negative views on class action waivers in employment arbitration agreements.

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LCT Capital, LLC v. NGL Energy Partners LP
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By David C. Franceski, Jr.

*Under Delaware law, fraudulent misrepresentation need not be overt; deliberate concealment of a material fact or silence in the face of a duty to speak is enough.

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After Moving at a Snail’s Pace, FINRA’s Proposed Changes to the Membership Program To Encourage Arbitration Award Payment Switch to the Express Lane
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By George H. Friedman, SAA Editor-in-Chief

Back in mid-2017, FINRA’s Board authorized staff to publish a Regulatory Notice seeking comments on a proposal to amend the Authority’s Membership Application Program (“MAP”) rules to create further incentives for the timely payment of arbitration awards.

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Berber v. Wells Fargo
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By Samuel B. Edwards

Appellate Court affirms district court’s dismissal of retaliation and RICO claims for an employee of Wells Fargo fired for not meeting sales expectations.

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District Court Issues Preliminary Injunction in Business Groups’ Challenge to New California Law Restricting Employment PDAA Use and Enforcement
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By George H. Friedman, SAA Editor-in-Chief

A federal district court has issued a preliminary injunction staying California AB-51 implementation,

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WTW Investment Co., Ltd. v. Jefferies, LLC
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By Jack D. Ballard

Motion to dismiss for failure to state a claim granted where third amended complaint failed to allege facts showing that securities broker owed a duty of care to investors who allegedly relied on statements in a private placement memoranda prepared by the broker.

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