Civil Remedies, Finance & Banking, Alternative Dispute Resolution (ADR)

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

Cyprus Bailout: Potential Recourse for Lost Investments

by Owen Hammond, Bruce Johnston, Peter Sharp, Iain Wright | Morgan Lewis on 4/15/2013

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

by Patrick Heneghan, David Kavanagh, James Keyte, Gary MacDonald, Tiffany Rider, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2013

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

Pro-Arbitration Ruling Likely from Supreme Court

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 3/1/2013

Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more

Bernstein Shur Business and Commercial Litigation Newsletter #25

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 2/28/2013

We are pleased to present the 25th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight financial services industry news and developments, including continued support for...more

Arbitration Clause Of A Loan Agreement Containing A Class Action Waiver Was Not Void As Being In Violation Of Public Policy

by Adam Koppel | Carlton Fields on 2/8/2013

In Baldwin v. Regions Financial Corp., 98 So. 3d 1201 (Fla. 3d DCA 2012), the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement, containing a class action waiver,...more

Supreme Court Passes on Appeals of Overdraft Litigation Decisions

by BuckleySandler LLP on 10/16/2012

On October 9, the U.S. Supreme Court denied the petitions for writ of certiorari filed by plaintiffs in two cases challenging the overdraft billing practices of certain banks. Hough v. Regions Financial Corp., No. 12-1139,...more

Thomas v. Westlake: Agency Allegation in Complaint Entitles Defendants to Invoke the Benefit of a FINRA Arbitration Agreement

by Sedgwick LLP on 5/22/2012

An investor’s successor sued a financial services company, its parent, a broker, and various other insurance entities for wrongfully inducing the investor to make unsuitable investments. Four of the six defendants...more

FINRA Arbitration Award Vacated Due to Faulty Service of Statement of Claim

by Sedgwick LLP on 5/4/2012

One of the few grounds on which an arbitration award may be challenged in Superior Court is that the arbitrator exceeded his authority by denying a litigant a fair hearing. In a recent unpublished decision, Hansalik v. Wells...more

Foreclosure Mediation Program Encouraging Judicial Review of Mediations

by Snell & Wilmer L.L.P. on 3/23/2012

Nevada’s Foreclosure Mediation Program recently began sending a form letter (the Letter) to homeowners shortly after participation in the Foreclosure Mediation Program. A copy of the Letter is included on the next page. The...more

Oregon Legislature Changes Non-Judicial Foreclosure Procedures Governor Expected to Sign SB 1552 B Into Law

by Lane Powell PC - Finance Law on 3/8/2012

The Oregon Legislature approved Senate Bill 1552 on March 5, 2012, which will require mortgage lenders to meet new requirements to effectuate a non-judicial foreclosure, including mandatory mediation. Additionally, it will...more

Second Circuit (Again) Rules that Arbitration Clauses that Diminish Vindication of Federal Claims are Not Enforceable

by Victoria Holstein-Childress on 2/4/2012

This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Second Circuit Court of Appeals' February 2012 decision in In re American...more

Consumers Can’t Sue Credit Card Companies for Deceptive Language and Hidden Fees

by Lawyers.com on 2/2/2012

The Supreme Court this month affirmed the right of credit card companies to deny you the ability to take them to court, leaving consumers with little recourse to fight back against abusive practices and deceptive...more

Supreme Court Upholds Use of Arbitration in CROA Lawsuits

by Venable LLP on 1/18/2012

The U.S. Supreme Court has handed credit counseling agencies a major victory. By an 8-1 vote, on January 10, 2012, the Court ruled that lawsuits brought under the federal Credit Repair Organizations Act (“CROA”) can be...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements

by Victoria Holstein-Childress on 1/13/2012

This article by Victoria Holstein-Childress and reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and...more

Supreme Court Takes Up Credit Repair Case on Arbitration: Implications for Credit Counseling Agencies

by Venable LLP on 10/14/2011

AICCCA's The Independent Counselor On October 11, 2011, the U.S. Supreme Court will hear the case of CompuCredit Corp. v. Greenwood, which asks the question whether claims arising under the Credit Repair Organizations...more

FINRA’s All Public Panel Option Is Now Available in All Customer Cases

by Sutherland Asbill & Brennan LLP on 2/9/2011

The Securities and Exchange Commission recently approved a rule change that allows claimants to choose an arbitration panel made up entirely of public arbitrators. This change is applicable to all current customer cases in...more

Methods for Cost-Efficient Resolution in Arbitrations

by Dinsmore & Shohl LLP on 8/12/2010

Arbitration emerged as a mainstream form of dispute resolution because many litigants were fed up with the cost and time of traditional litigation. Parties saw arbitration as an efficient, cost-effective alternative to...more

Corporate and Financial Weekly Digest - March 26, 2010

by Katten Muchin Rosenman LLP on 3/26/2010

In this issue: *BROKER DEALER ..FINRA to Require Firms to Designate a Super Account Administrator ..CBOE and CHX Amend Rules to Prohibit Broker Discretionary Voting on Director Elections and Other Matters *CFTC ..CFTC...more

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Civil Remedies › Finance & Banking › Alternative Dispute Resolution (ADR)