Martians, Baloney, and Laughter: SCOTUS Hears Oral Argument in Henry Schein. Seems To Us the “Wholly Groundless” Delegation Exception Is on Borrowed Time
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Judging by the questions in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (always a risky endeavor), it seems like the Court will hold that under the Federal Arbitration Act (“FAA”) there is no delegation carveout for “wholly groundless” assertions of arbitrability.

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SCOTUS Rules in Epic Systems. What it Means for Securities Employment Arbitration
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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,

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SCOTUS Grants Certiorari in First Circuit Case with Two Key FAA Holdings
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(1) Judges, Not Arbitrators, Decide Whether FAA Applies under a Delegation Clause; and (2) Independent Contractors Are “Employees” for FAA Section 1 Purposes.

As we predicted last year,

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Dodd-Frank Whistleblower Sent to Arbitration in Statutory Anomaly: Daly v. Citigroup Inc. & Citigroup Global Markets, Inc.
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By Jill I. Gross

A whistleblower claim brought pursuant to the Dodd-Frank Act is arbitrable where it is covered by a valid arbitration agreement.

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Consumer and Employment Arbitration – Six Things to Look for in 2018
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By George H. Friedman*

SAC Contributing Legal Editor and Board of Editors Member and 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).

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SDNY Defines FINRA “Customer” – Again: Deutsche Bank Securities, Inc. v. Roskos
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By Christopher G. Lazarini

Absent an arbitration agreement, a person seeking to compel a FINRA member to arbitrate as its “customer” must (1) have an account with the FINRA member or (2) have purchased goods and services from the FINRA member.

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