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Mandatory Arbitration Clauses Publicly-Traded Companies

Morgan Lewis

ISS Announces 2021 Benchmark Policy Updates

Morgan Lewis on

Institutional Shareholder Services (ISS) on November 12 released updates to its benchmark proxy voting policies, which will apply for shareholder meetings taking place on or after February 1, 2021. ...more

Parker Poe Adams & Bernstein LLP

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

Stinson - Corporate & Securities Law Blog

No Action Relief Prompts Clarification from SEC Chair on Mandatory Arbitration

In a novel sequence of events, SEC Chair Jay Clayton issued a statement on February 11, 2019 expressing the Commission’s non-view on mandatory shareholder arbitration provisions implemented by publicly-listed companies. ...more

Dorsey & Whitney LLP

Johnson & Johnson May Exclude Shareholder Proposal for Binding Arbitration on Securities Claims

Dorsey & Whitney LLP on

On February 11, 2019, the Staff of the Division of Corporation Finance granted no-action relief permitting Johnson & Johnson to omit a a shareholder proposal from its proxy statement relating to mandatory arbitration of...more

Carlton Fields

Is It Time to Revisit SEC’s Ban on “Forced” Arbitration Provisions?

Carlton Fields on

The SEC has long refused to allow companies to go public with bylaws or other governing documents that would require shareholders to arbitrate federal securities law claims against the company. ...more

Stinson - Corporate & Securities Law Blog

SEC Commissioner Supports Mandatory Shareholder Arbitration

Reuters is reporting that SEC Commissioner Michael Piwowar urged IPO companies to request relief from the SEC to include mandatory arbitration provisions for shareholder disputes. Commissioner Piwowar apparently made the...more

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