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.
By Burton W. Wiand
Absent an affirmative contractual basis for concluding that a party agreed to do so, there can be no class arbitration.
In the final arbitration-centric decision of the Term, the Supreme Court on April 24 held 5-4 in Varela v. Lamps Plus, Inc.,
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,
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,
“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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