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

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Mortgage Foreclosure Mediation Program Terminated By Florida Supreme Court

by Messer & Caparello, P.A. on 4/4/2013

Florida has the highest foreclosure rate in the country, with some sources showing a 3.11% foreclosure rate in 2012 – more than double the national average. At the end of 2009, with nearly 500,000 pending foreclosures and a...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

Burr Alert: FINRA Amends Subpoena And Arbitrator Order Rules

by Benjamin Coulter, Mignon Lunsford | Burr & Forman on 3/27/2013

In its recent Regulatory Notice 13-04, the Financial Industry Regulatory Authority ("FINRA") announced amendments to its Customer and Industry Codes of Arbitration Procedure related to subpoenas and arbitrator orders for the...more

Controversial FINRA Decision Invalidates Rules Against Class Action Waiver in Arbitration Agreements

by Kristen Wenger | Fowler White Boggs P.A. on 3/12/2013

A hearing panel of the Financial Industry Regulatory Authority (“FINRA”) recently issued a decision that has been lauded and decried as the death knell for class actions by securities investors. In 2011, Charles Schwab & Co....more

Illinois Adopts Court Rules Governing Foreclosure Cases

by BuckleySandler LLP on 3/5/2013

On February 22, the Illinois Supreme Court announced additional rules governing the state’s home foreclosure process. The three rules, respectively, (i) add requirements for mortgage foreclosure mediation programs in state...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

Citing Concepcion, FINRA Panel OKs Class Action Waivers in Broker-Dealer Customer Arbitration Agreements

by Jessica R. Bogo, Sarah A. Good | Pillsbury Winthrop Shaw Pittman LLP on 2/28/2013

A Financial Industry Regulatory Authority (“FINRA”) hearing panel held that FINRA’s own rules prohibiting judicial class action waivers in broker-dealer customer arbitration agreements are preempted by the Federal Arbitration...more

What Happens When Some Investors Agree To Arbitration But Others Don’t?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/12/2013

Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...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

The Southern District Sends FLSA Claims To Arbitration

by James G. Ryan | Cullen and Dykman LLP on 12/21/2012

A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s...more

Bankruptcy Law Update - December 2012

by Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure | Pullman & Comley, LLC on 12/21/2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

Supreme Court to Hear Another Case on Class Arbitration Waivers

by Kevin J. Hamilton, Zachary P. Jones | Perkins Coie on 11/21/2012

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed...more

Don’t Game The System: “A Motion To Compel Arbitration Will Almost Never Be Futile”

by Leonard, Street and Deinard - Arbitration... on 11/6/2012

After an arbitration about-face by the defendant in a class action, the Eleventh Circuit ruled that the defendant had waived its right to compel arbitration by: participating in litigation for two years and affirmatively...more

Arbitrators Labeling Your Securities “Crap” Does Not Entitle You To Vacate The Award

by Leonard, Street and Deinard - Arbitration... on 11/6/2012

In the last post, the Fifth Circuit affirmed an arbitration award against Morgan Keegan. The Ninth Circuit just affirmed an arbitration award against Morgan Keegan in a sister case. In less than two pages, the Ninth Circuit...more

Surviving Civil Litigation's "New Normal"

by JAMS, The Resolution Experts on 11/2/2012

Organically published in The Daily Journal on October 29, 2012 California's cash-strapped state courts face severe cuts in the face of a budget crisis that threatens to usher in a "new normal" for civil litigation....more

CLIENT ALERT: Adherence to 90-Day Rule Crucial For Lenders Seeking Deficiency Judgments

by J. Henk Taylor | Lewis and Roca LLP on 10/25/2012

Filing Timely Lawsuit Protects Lenders When Arbitration Fails - Lenders holding loans secured by deeds of trust against real estate in Arizona are likely aware of their limited window of opportunity to seek a...more

Ruling No. 1831/12 of the Russian Supreme Arbitrazh Court of June 19, 2012 on Split Jurisdiction Clauses

by Orrick, Herrington & Sutcliffe LLP on 9/13/2012

The above ruling, after being delayed for a month, was finally published on September 2, 2012. It relates to a split jurisdiction clause of a type that is in common use, for example in loan agreements, and which limits...more

Second Circuit Affirms Arbitration Panel’s Finding That A Securities Clearing Firm May Be Liable As The “Initial Transferee” Of A...

by Cadwalader, Wickersham & Taft LLP on 7/27/2012

On July 3, 2012, the United States Court of Appeals for the Second Circuit refused to vacate an arbitration award against Goldman Sachs Execution & Clearing, P.C. The Court left intact the arbitration panel’s finding that the...more

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