Boilerplate Denials by Clients Fails to Get Broker Off the Hook in Raiding Case: E*TRADE Financial Corp. v. Pospisil
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By James L. Komie

In a raiding case, boilerplate unsworn statements submitted by clients of a defendant broker stating that the defendant did not “solicit” during undocumented calls,

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SCOTUS Hears Oral Argument in New Prime. Looks to Us Like FAA Will Exempt Independent Contractors Engaged in Interstate Commerce
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Oral argument took place October 3rd before a short-handed Supreme Court in New Prime, Inc. v. Oliveira, No. 17-340, the first of three arbitration cases the Court will hear this Term.

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SLUSA Does Not Dispatch Mutual Fund Misrepresentation Class Action, Third Circuit Says: Taksir v. The Vanguard Group
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By David C. Franceski, Jr.

*In order to be “in connection with” the purchase or sale of a covered security under SLUSA,

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Forex Flap Forms Failed Foundation for Twice-Tossed 10b-5 Suit, Sans Scienter: Retirement Board v. FXCM Inc.
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By Ben Suter

*Statements are not actionable as securities fraud where they either constitute puffery, are not materially misleading when viewed in context,

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Real Estate Investors Lose Opportunity to Sue Over Property By Waiting Too Long to Notify Defendants: NNN Durham Office Portfolio 1, LLC vs. Grubb & Ellis Co. & Grubb & Ellis Securities, Inc.
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By Jeremy Root

Under North Carolina law, where a contract gives a party a unilateral option to do something, such as excluding claims from a settlement,

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Prescription Issues Limit Louisiana Investor’s Claims Against Broker-Dealer: Patin v. Aegis Capital Corp.
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By Jack D. Ballard

*When a brokerage account loses half of its value, the account holder is put on notice of the need to investigate the reason for the loss.

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