Finance & Banking, Commercial Law & Contracts, Alternative Dispute Resolution (ADR)

Court Holds Non-Parties May Enforce Arbitration Agreement Even Though The General Rule Is That They Can’t

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/24/2013

The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

by Loeb & Loeb LLP on 5/22/2013

The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more

Florida Complex Litigation Update: Raymond James Financial Services, Inc. v. Phillips: Florida Supreme Court rules that statute...

by Fuerst Ittleman David & Joseph, PL on 5/21/2013

Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013), concluding that...more

Resource nationalism and its impact on infrastructure projects

by Peter Cassidy, Joseph Otoo | Reed Smith on 5/19/2013

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

by Richard J. Andreano, Jr., Alan S. Kaplinsky, Mark J. Levin, Jeremy T. Rosenblum | Ballard Spahr LLP on 5/17/2013

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

"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

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

Corporate and Financial Weekly Digest - March 29, 2013

by Katten Muchin Rosenman LLP on 4/1/2013

In this issue: - Proposed Change to FINRA Rule Regarding Release of Disciplinary Complaints, Decisions and Other Information - SEC Approves on an Accelerated Basis FINRA Rule Change Relating to Margin...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

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

The Global Prenup

by MoFo Tech on 2/21/2013

Think two steps ahead to keep your international deals afloat - You’re excited about that joint venture deal you signed with an overseas company. Together you’ll build a factory that will take orders from both sides,...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

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

by King & Spalding on 2/6/2013

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more

CFPB issues final rules on incentives and mandatory arbitration

by Joey Tsu-Yi Chen, Donald Rea | Saul Ewing LLP on 1/28/2013

The CFPB issued final rules reducing the financial incentives for loan officers and brokers in "risky and high-cost" consumer loans and toughening qualification standards for loan originators....more

CFPB semiannual regulatory agenda: missing items and other mysteries

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/14/2013

The CFPB has issued its semiannual regulatory agenda which identifies seven regulatory matters that the CFPB “reasonably anticipates” having under consideration during the period from October 1, 2012 to October 1, 2013....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

Financial Services Report -- Winter 2012

by Michael J. Agoglia, Leonard N. Chanin, Patrick H. Fischer, Charles M. Horn, Oliver I. Ireland, Rebekah Kaufman, Jim McCabe, Daniel A. Nathan, Thomas J. Noto, Obrea O. Poindexter, more +Sean Ruff, Andrew M. Smith, Dwight C. Smith, III, Nathan David Taylor, Nancy R. Thomas | Morrison & Foerster LLP on 12/18/2012

In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most...more

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Finance & Banking › Commercial Law & Contracts › Alternative Dispute Resolution (ADR)