More than 25 years have elapsed since the SEC adopted Exchange Act Rule 17a-4(f) governing electronic recordkeeping by broker-dealers. In an effort to update the rule to reflect “technology neutral” concepts, the SEC adopted...more
Although courts routinely enforce arbitration agreements, they will not compel arbitration of claims outside the scope of the parties’ agreement. That was the outcome in Hawkins v. Cintas Corp., in which two former employees...more
The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more
10/10/2019
/ 401k ,
Affiliated-Business Arrangements ,
Arbitration ,
Arbitration Agreements ,
Arbitration Procedural Rules ,
Breach of Duty ,
Charles Schwab ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Interlocutory Appeals ,
Investment Funds ,
Motion to Compel ,
Retirement Plan