Securities Law › Commercial Law & Contracts › Alternative Dispute Resolution (ADR)

New EU rules on online and alternative dispute resolution - a win/win?

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more

Tenth Circuit Holds Underlying Securities Claims Interrelated

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

Corporate and Financial Weekly Digest - March 29, 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

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

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...

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

FINRA Rule Amended: Whistleblower Claims Not Subject To Mandatory Arbitration

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank) amended the whistleblower provision in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) to state that pre-dispute arbitration agreements that...more

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

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

Variable Interest Entity (VIE) Structures Face Additional Scrutiny for Hong Kong Listing

Since its first use by Sina Corporation in 2000, the VIE structure has been widely adopted by many Chinese companies to attract foreign investment and complete offshore listings. While companies operating under VIE structure...more

SEC Approves Amendments to FINRA Arbitration Rule

On April 20, pursuant to the Dodd-Frank Act, the SEC approved amendments to FINRA Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (Industry Code). The amendments provide that a dispute arising under a...more

Shareholders Remedies in Canada 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

Mediation—Coming to a Financial Services Dispute Near You: Legislation, Regulation, and Economics Will Drive the Trend to...

In 2012, we no doubt will see the continuation of a significant trend towards the use of mediation to resolve financial services disputes. A perfect storm of economic, legislative, and regulatory conditions has been...more

Legal Alert: SEC Rule Proposes to Preclude Certain Collective Action Claims under FINRA Arbitration Rules

The Securities and Exchange Commission (SEC) has published a proposed rule applicable to arbitrations conducted by the Financial Industry Regulatory Authority, Inc. (FINRA). See 77 Fed. Reg. 1773. The rule would preclude...more

The Facebook, Inc., Mark Zuckerberg v. Winklevoss

The Facebook, Inc., Mark Zuckerberg v. Winklevoss: 9th Circuit Opinion Affirming Decision of Distict Court

On April 11, 2011, The Ninth Circuit Court of Appeals affirmed the District Court decision that denied the Winklevoss twins bid to void their settlement agreement with Facebook and Mark Zuckerberg. In his opinion, Judge...more

Global View: The Future of New Egypt

Three significant facts about Egypt will be discussed in depth to demonstrate why investors and arbitration counsel and practitioners are facing a New Egypt based on legitimate democratic principles necessary for...more

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

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

Telenor Mobile v. Storm LLC

2nd Circuit Order Affirming Arbitral Award

2nd Cir. Affirming Arbitral Award of USDC (SDNY)....more

Recent Cases by Counsel at Ellyn Law LLP

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

State of Nevada Mediation Forclousre Forms

One of the program’s newly appointed mediators has scheduled the mediations to kick off the program that was created by the Nevada Legislature to help keep financially struggling Nevada residents in their homes. Both...more