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,
FINRA’s Rule 13204 restriction on enforcing arbitration against class action participants is not a “contrary congressional command” that might override the FAA mandate to enforce pre-dispute arbitration agreements (PDAAs),
A “bare” class action waiver in an employment contract was enforceable even though it was not part of an arbitration clause, a divided Fifth Circuit holds.
The Consumer Financial Protection Bureau (“CFPB”) on July 10 issued its long-anticipated arbitration rule, with few surprises.