Securities Law, Alternative Dispute Resolution (ADR), Civil Procedure

English court supports enforcement of arbitral award, granting worldwide injunction requiring disclosure of assets

by Amanda Cowell, Jason Yardley | White & Case LLP on 5/24/2013

This morning, Mr Justice Field handed down his decision in the case of Cruz City 1 Mauritius Holdings v Unitech Limited and others [2013] EWHC 1323 (Comm), confirming the jurisdiction of the English courts to order a...more

Tenth Circuit Holds Underlying Securities Claims Interrelated

by Traub Lieberman Straus & Shrewsberry LLP on 5/14/2013

In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more

Business Litigation Report -- March 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/3/2013

In This Issue: - Firm News: Quinn Emanuel Recognized as a “2013 Go-To Law Firm for Top 500 Companies” and Quinn Emanuel Named Law360 Class Action Practice Group of the Year - Main...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

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

Keep Sticking to the Four Corners - Extrinsic Evidence of Parties' Prior Conduct Cannot Alter the Interpretation of an Unambiguous...

by Kevin Puvalowski | Sheppard Mullin Richter & Hampton LLP on 12/18/2012

In BDCM Fund Advisor, L.L.C. v. Zenni, No. 602116/08 (N.Y. Sup. Ct. Nov. 15, 2012), Judge Eileen Bransten granted a motion for partial summary judgment for the defendants/counterclaim-plaintiffs, James J. Zenni (“Zenni”) and...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

Expert’s Trick (changed damage calculation) Does Not Entitle Arbitration Loser to a Treat (a/k/a vacatur)

by Leonard, Street and Deinard - Arbitration... on 10/31/2012

The Fifth Circuit recently refused to vacate an arbitration award, despite the loser’s arguments that: the arbitrators decided claims outside the scope of the arbitration agreement; and the winner’s expert used incorrect...more

Unreasonable Delay and Extensive Litigation Operates as Waiver of Right to Compel FINRA Arbitration

by Sedgwick LLP on 6/27/2012

In an unpublished decision, the California Court of Appeal (Fourth Appellate District, Division One) held that the defendants waived arbitration through their extensive use of litigation machinery, unreasonable delay in...more

Shareholders Remedies in Canada 2012

by Ellyn Law LLP on 3/27/2012

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this...more

FINRA Considering Amendments to Motion Rules to Confirm Right to File Reply Papers

by Sedgwick LLP on 12/6/2010

Currently, FINRA’s motion rules do not affirmatively provide a moving party with an opportunity to reply to a response to a motion. However, as a matter of practice, FINRA staff will forward a reply to the arbitrator upon...more

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

by Lane Powell PC - Finance Law on 8/12/2010

A new Washington Supreme Court case will affect companies with arbitration agreements. It's time to review your arbitration agreements. A narrowly divided Washington State Supreme Court has held that an arbitration panel...more

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

by Lane Powell PC - Construction Law on 7/24/2010

A narrowly-divided Washington State Supreme Court has held that an arbitration panel cannot apply the state statutes of limitations to bar a claim, unless the parties have contractually agreed to allow the arbitrators to do...more

Recent Cases by Counsel at Ellyn Law LLP

by Ellyn Law LLP on 5/7/2008

A dispute resolution firm's strength is measured by its successful results. As in sports, clients expect their lawyers to win. Unlike sports, experienced counsel knows that often the best result is a well-crafted...more

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Securities Law › Alternative Dispute Resolution (ADR) › Civil Procedure

English court supports enforcement of arbitral award, granting worldwide injunction requiring disclosure of assets

Tenth Circuit Holds Underlying Securities Claims Interrelated

Business Litigation Report -- March 2013

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

Bernstein Shur Business and Commercial Litigation Newsletter #25

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

Keep Sticking to the Four Corners - Extrinsic Evidence of Parties' Prior Conduct Cannot Alter the Interpretation of an Unambiguous...

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

Expert’s Trick (changed damage calculation) Does Not Entitle Arbitration Loser to a Treat (a/k/a vacatur)

Unreasonable Delay and Extensive Litigation Operates as Waiver of Right to Compel FINRA Arbitration

Shareholders Remedies in Canada 2012

FINRA Considering Amendments to Motion Rules to Confirm Right to File Reply Papers

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

Recent Cases by Counsel at Ellyn Law LLP

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