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Securities Litigation Mandatory Arbitration Clauses

Cooley LLP

Blog: Mandatory arbitration shareholder proposal goes to court—as Chair Clayton suggested

Cooley LLP on

You might remember this no-action letter to Johnson & Johnson granting relief to the company if it relied on Rule 14a-8(i)(2) (violation of law) to exclude a shareholder proposal requesting adoption of mandatory shareholder...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

Mayer Brown Free Writings + Perspectives

Coalition of State Treasurers Oppose Mandatory Arbitration

Although Securities and Exchange Commission Chair Clayton has made clear that the Commission does not intend to focus on addressing mandatory arbitration provisions in the near term, the controversy regarding action in this...more

Mintz - Securities Litigation Viewpoints

U.S. Courts Continue to Deny Class Plaintiffs’ Attempts to Bring Foreign Law Actions in U.S. Courts to Recover for Potential...

As we have mentioned previously, in the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that...more

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