News & Analysis as of

Financial Industry Regulatory Authority (FINRA) Contract Terms

Burr & Forman

FINRA Cautions on Arbitration Clause

Burr & Forman on

Last week, FINRA issued Regulatory Notice 21-16 cautioning member firms against attempting to limit customer claims through language in mandatory pre-dispute arbitration agreements. Rule 2628 prescribes disclosure...more

Morgan Lewis

FINRA Member Firms Promptly Should Review Predispute Arbitration Provisions in Customer Agreements

Morgan Lewis on

Pursuant to FINRA Regulatory Notice 21-16 that was issued on April 21, 2021, FINRA has observed certain practices that could subject firms to disciplinary action concerning predispute arbitration provisions in customer...more

Moore & Van Allen PLLC

A Time of Testing – What Lawyers Can Do

Moore & Van Allen PLLC on

A black swan has arrived – the Pandemic of 2020 and with it a bear market. As with previous black swan events, experts and leaders are in learning mode, with the facts and events evolving hourly. As my financial advisor told...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

Carlton Fields on

The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Perkins Coie

Blockchain Week in Review - August 2019 #4

Perkins Coie on

U.S. Developments - Enforcement and Litigation Developments - Craig Wright Faces Sanctions - Craig Wright, the self-proclaimed inventor of Bitcoin, has been tied up in litigation since February 2018 related to his...more

A&O Shearman

Third Circuit Upholds Customer's Right To FINRA Arbitration Despite Brokerage Agreements' Forum-Selection Clause Providing Right...

A&O Shearman on

On August 7, 2018, the U.S. Court of Appeals for the Third Circuit affirmed a district court order compelling defendant, a broker-dealer and member of the Financial Industry Regulatory Authority (FINRA), to submit to FINRA...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Waiving Contractual Right to Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration. The factors, which are tied to potential prejudice...more

JAMS

Fees & FINRA

JAMS on

Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar...more

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