An Ideologically Divided SCOTUS Holds 5-4 in Lamps Plus that Class Arbitration Takes Place Only Where the Parties Expressly Provide for It
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In the final arbitration-centric decision of the Term, the Supreme Court on April 24 held 5-4 in Varela v. Lamps Plus, Inc.,

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Class Certification Granted on TD Ameritrade’s Order Routing Policies: Klein v. TD Ameritrade
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By Jeremy Root

In assessing best execution on a systemic basis, the individual trading strategies of the brokerage firm’s customers are not relevant and the damages caused by the alleged failure to provide best execution may be,

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Comment Period Closes on CFPB’s Proposed Ban on Class Action Waivers: Where To Begin?
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The comment period for the Consumer Financial Protection Bureau’s (“CFPB”) proposed rule banning class action waivers closed on August 22nd with a massive number of comments.

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California Supreme Court Holds – Barely – That Issue of Class Arbitration is for the Arbitrators, not the Court
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A sharply divided California Supreme Court holds that the question of whether an arbitration agreement allows class-wide arbitration should be decided by the arbitrators,

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Surprise, Surprise! CFPB to Propose Arbitration Regs that Look Very Similar to FINRA’s Arbitration Program (and the Mets are in the Postseason)
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By George H. Friedman*

For most of my fourteen years as FINRA’s Director of Arbitration, I perceived myself to be tilting at windmills trying to make the case that FINRA’s arbitration program was the fairest consumer arbitration program is existence.

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California Supreme Court Agrees To Review Case Holding FAA Preempts California’s “Broughton-Cruz Rule” Barring PDAAs Of Consumer Claims
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We covered previously McGill v. Citibank, NA, 232 Ca4th 753 (Dec. 18, 2014), where the California Court of Appeal ruled that the Federal Arbitration Act preempts application of the state’s “Broughton-Cruz Rule,” holding that arbitration provisions are unenforceable as against public policy if they require arbitration of injunctive relief claims brought for the public’s benefit under certain state consumer protection laws (see SAA 2015-01).

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