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 […]

By George H. Friedman* SAC Board Member and Contributing Legal Editor Having already agreed to review two arbitration-centric cases next Term, the Supreme Court on June 25 granted Certiorari in a third case, setting up the first arbitration “trilogy”[1] in over fifty years. This blog post examines the three cases the Court has agreed to […]

As we previewed in SAA 2017-40, the New York State Bar Association’s Dispute Resolution Section hosted a one-hour Webinar, “When Arbitration Goes to New York Courts: Recent Developments in the Recognition and Enforcement of Arbitral Awards,” on November 29th. Panelists Frances Bivens of Davis Polk & Wardwell LLP and Derek Soller of Baker McKenzie, and […]

The Kentucky Supreme Court accepts SCOTUS’s striking its “clear statement” rule as arbitration-hostile, but a majority insists arbitration denial on alternative grounds was righteous. Recall that the Supreme Court on May 15th ruled 7–1 in Kindred Nursing Centers v. Clark & Wellner, 137 S.Ct. 1421, that a Kentucky rule of law requiring that a power […]

Another roadblock for the Consumer Financial Protection Bureau’s (“CFPB)” Final Rule on arbitration has emerged: nullification by the Financial Stability Oversight Council (“FSOC”). But CFPB Director Richard Cordray is fighting back, and published the rule in the Federal Register despite a demand that he not. We reviewed in SAA 2017-26 the many ways the CFPB’s […]

The Consumer Financial Protection Bureau (“CFPB”) on July 10 issued its long-anticipated arbitration rule, with few surprises. Recall that Dodd-Frank section 1028 directs the CFPB to study the use of PDAAs in contracts for consumer financial products and services and later report to Congress, and to ban, limit or impose conditions on their use if […]

In SAA 2017-10, we reported that Congressional Democrats announced March 7 the reintroduction of six bills aimed at curtailing mandatory arbitration in consumer or employment contracts. In the ensuing weeks, there have been changes, so we decided to ask resident futurist, Fordham Law prof, and SAC Contributing Legal Editor and Board Member George H. Friedman […]

Financial Services Committee Chairman Hensarling has issued a memo alerting committee leadership of changes to an earlier version of the Act to repeal and replace Dodd-Frank. We cover here the arbitration-related changes. Candidate Trump was very clear that acting on repealing and replacing Dodd-Frank was on his First Hundred Days list. Although some suggestions to […]

Two other arbitration-related cases involving Supreme Court nominee Gorsuch have surfaced, which to us indicate that, while he may be a stickler for precise use of language, he is still pro-arbitration. We covered in SAA 2017-05 Supreme Court nominee Neil M. Gorsuch’s views on arbitration based on past decisions. We stated that, based on a […]

President Trump has nominated Judge Neil M. Gorsuch of the Tenth Circuit to fill the open seat at the Supreme Court. We’ll leave to others reporting on the broad issues; we focus here on the nominee’s views on arbitration based on past decisions. So far, we’ve found a few cases – none involving securities arbitration […]