By Jill I. Gross An arbitrator’s ruling that an arbitration agreement permits class arbitration does not exceed his powers or manifestly disregard the law, because the law on that issue is in flux and the resolution of that issue is tethered to the idiosyncratic terms of the arbitration agreement. A Clause Construed to Allow Class […]

By James L. Komie While an employee’s silence in the face of an email from his employer purporting to impose an arbitration requirement may be deemed binding acceptance, the employees affirmative denial that he received the email during his employment creates a fact issue that requires a trial on the employer’s motion to compel arbitration. […]

By Christopher G. Lazarini Where non-arbitrable issues are intertwined with arbitrable issues, such as where the same operative facts and same claims exist in both proceedings, a Court may stay the litigation of the non-arbitrable issues pending the outcome of the arbitration. Lagrasso vs. The Prudential Ins. Co., of America, No. 18-11497 (E.D. Mich., 7/12/18). […]

By George H. Friedman* SAC Contributing Legal Editor and Board of Editors Member Chairman of the Board – Arbitration Resolution Services [This is adapted from a post originally published in the author’s blog at Arbitration Resolution Services (ARS). Reposted with permission of and thanks to ARS!] Toward the end of last year, I authored a […]

By James L. Komie The SEC’s decision that it does not have jurisdiction to hear a claim for damages filed by market makers against the CBOE and NASDAQ is not unreasonable and must be affirmed under the Chevron Deference Doctrine. Chicago Board Options Exchange, Inc. vs. SEC, No. 16-3423 (7th Cir., 5/7/18). The Road to […]

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 […]

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 […]

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 […]

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 […]

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 […]