Certiorari Granted in Eleventh Circuit Case Holding that Non-Signatory Party Cannot Compel Arbitration Under the NY Convention
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On the Term’s last day, SCOTUS on June 28 granted Certiorari in an arbitration-centric case. As we reported in SAA 2019-15 (Apr.

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More on SCOTUS’ 5-4 Holding in Home Depot that Third-Party Counterclaim Defendants Can’t Remove a Class Action
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As promised, here’s a more detailed analysis of the Supreme Court’s Home Depot decision that the term “defendant,” as used in the general removal statute and in the class action removal statute,

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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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FINRA Issues Regulatory Notice on Customer and Associated Person Access to Its Arbitration Forum
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There was breaking news July 22 at the Annual Meeting of the Securities Experts Roundtable, with FINRA Office of Dispute Resolution Director Richard Berry announcing that the Authority had issued a Regulatory Notice protecting customers’ and associated persons’ right to access its forum.

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Back to Fed Jur 101: Courts Remind us that Federal Arbitration Act does not Confer Independent Basis for Federal Jurisdiction
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By George H. Friedman*

[The author thanks the Securities Arbitration Commentator for letting him borrow liberally from its Securities Arbitration Alert]

Arbitration law practitioners sometimes forget that the Federal Arbitration Act (“FAA”) does not by itself establish independent federal subject matter jurisdiction.

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Mini-Survey – Previous Adjudications and Motions to Dismiss
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One of the issues addressed by the FINRA Dispute Resolution Task Force in its Interim Report is a suggestion to “[e]xpand the grounds for Motions to Dismiss Prior to Conclusion of Case in Chief to include situations where the dispute was previously adjudicated by an order,

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