Campbell v. Transgenomic, Inc.
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By Christopher G. Lazarini

Unlike in poker where a player actively conceals his hand, the issuer of a proxy statement is required to put all his cards on the table face-up.

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Lamps Plus, Inc. v. Varela
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By Burton W. Wiand

Absent an affirmative contractual basis for concluding that a party agreed to do so, there can be no class arbitration.

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An Ideologically Divided SCOTUS Holds 5-4 in Lamps Plus that Class Arbitration Takes Place Only Where the Parties Expressly Provide for It
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In the final arbitration-centric decision of the Term, the Supreme Court on April 24 held 5-4 in Varela v. Lamps Plus, Inc.,

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Nielen-Thomas v. Concorde Investment Services, LLC
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By James L. Komie

A class action filed in state court asserting state law claims may be a “covered class action,” as defined by SLUSA,

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New Prime, Inc. v. Oliviera
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By Jill I. Gross 

A court, not an arbitrator, decides the threshold question of whether the exclusion of Section 1 of the Federal Arbitration Act applies to a “contract of employment” that contains an agreement to arbitrate and the exclusion applies to all workers,

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The Pension Trust v. J. Jill, Inc.
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By Christopher G. Lazarini

“Fraud by hindsight,” or contrasting a defendant’s past optimism with less favorable actual results, does not satisfy the pleading requirements in securities fraud case.

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