Conflict of Laws › Finance & Banking › Alternative Dispute Resolution (ADR)

FINRA Panel Rules on Charles Schwab's Challenge to FINRA Rules Prohibiting Class Action Waiver Clauses

In October 2011, Charles Schwab ("Schwab") began inserting into its customer Account Agreements a class action waiver clause....more

Financial Services Report -- Summer 2012

Editor’s Note New York Mayor Michael Bloomberg wants to ban sodas sold in containers of more than 16 ounces. Thank you for asking our opinion. Or, as the young folks say, “no problem.” It’s a brilliant idea, but...more

FINRA and Charles Schwab Battle over Class Action Waiver Clauses

Last October, Charles Schwab & Company ("Schwab") began inserting into its customer Account Agreements a class action waiver clause. Schwab's Account Agreements require arbitration of any dispute...more

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

The ping-pong match between the Second Circuit and the U.S. Supreme Court regarding the enforceability of arbitration provisions continues.  The Second Circuit reaffirmed its decision that the class action...more

Financial Services Report - Volume 11, No. 1 - Summer 2011

In this issue: Arbitration Report; Beltway Report; Operations Report; Mortgage Report; Privacy Report; and Preemption Report. Weird things happened this quarter that read like plot devices that couldn’t get past the...more

Financial Services Report - Volume 9, No 1. Winter 2010

In this issue: 2 Beltway Report 5 Operations Report 5 Plastic (a/k/a Card Report) 6 Mortgage Report 7 Privacy Report 10 Arbitration Report 10 Preemption Report Editor’s Note Tis the season to be thankful, and...more

Financial Services Report: Staying Ahead of the Summons - Volume 7, No 1. Summer 2010

In This Issue: 2 Beltway Report 5 Operations Report 6 Plastic (a/k/a Card Report) 7 Mortgage Report 8 Privacy Report 9 Arbitration Report 10 Preemption Report Please see full report below for more information....more

Financial Services Report: Staying Ahead of the Summons: Volume 6, No. 1. Spring 2010

In this issue: 2 Arbitration Report 2 Beltway Report 3 Preemption Report 5 Operations Report 7 Mortgage Report 8 Privacy Report Please see full newsletter below for more information....more

Financial Services Report: Staying Ahead of the Summons - Vol 5, No 4, Winter 2009

In This Issue: 2 - Beltway Report 4 - Credit Card Report 5 - Preemption Report 6 - Operations Report 7 - Mortgage Report 8 - Privacy Report 9 - Arbitration Report Please see full newsletter below for more...more

Financial Services Report: Staying Ahead of the Summons (Vol. 5, No 3. Fall 2009)

Inside ------------------------- *2 Beltway Report *4 Credit Card Report *5 Preemption Report *6 Operations Report *7 Mortgage Report *8 Privacy Report *9 California Report *10 Arbitration...more

Financial Services Report: Staying Ahead of the Summons Vol. 5. No. 2. Summer 2009

Inside this Edition: *Beltway Report...2 *Credit Card Report...4 *Preemption Report...5 *Operations Report...5 *Mortgage Report...6 *Privacy Report...8 *California Report...9 *Arbitration Report...9 Please see...more

Financial Services Report: Staying Ahead of the Summons Vol. 5, No 1. Spring 2009

Inside ------------------------- 2 Beltway Report ------------------------- 4 Credit Card Report ------------------------- 5 Operations Report ------------------------- 7 Mortgage...more

Klussman v. Cross Country Bank

Klussman v. Cross Country Bank - Seminal CA choice of law consumer case

In Klussman v. Cross Country Bank, we asserted a very broad based attack on subprime credit card issuer Cross Country Bank's business practices. This published opinion was issued in response to a writ sought by Cross Country...more