Lena Hughes

Morrison & Foerster LLP

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This Week At The Ninth: Arbitration

This week, the Ninth Circuit considers whether a receiver in an SEC enforcement action is bound by an arbitration agreement signed by the receivership entity. GEOFF WINKLER V. THOMAS D. MCCLOSKEY, ET AL....more

10/3/2023 / Arbitration , Arbitration Agreements , Bankruptcy Trustees , Debtors , Enforcement Actions , Ponzi Scheme , Securities and Exchange Commission (SEC) , Securities Fraud

This Week At The Ninth: Arbitration and Social Media

This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more

12/27/2022 / Arbitration , Enforcement of Foreign Judgments , Federal Arbitration Act , Foreign Arbitral Awards , International Arbitration , Settlement Agreements , Vacatur

This Week at the Ninth: Arbitration Two Ways

This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO...more

1/17/2022 / Arbitration , Arbitration Agreements , BMW , Eleventh Amendment , Equitable Estoppel , Motion to Compel , Purchase Agreement , Sovereign Immunity

This Week at the Ninth: Delegation and Wildfires

This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure...more

1/10/2022 / Arbitration , Arbitration Agreements , Arbitrators , Contract Terms , CPUC , Delegation Clauses , Due Process , Fifth Amendment , Fourteenth Amendment , Wildfires

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