FINRA Board Met Earlier this Month. Approves New Arbitration Rule
Securities Arbitration Alert Blog
by secadmin
6d ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The FINRA Board met earlier this month and approved rule changes codifying the voluntary program accelerating case processing for elderly or seriously ill parties. As reported in SAA 2024-10 (Mar. 7), the FINRA Board of Governors met in person March 6–7. The Agenda listed a dispute resolution action item: “The Regulatory Policy Committee will review a proposed rule change to the Codes of Arbitration Procedure to accelerate case processing for elderly or seriously ill parties.” A Brief History As reported in SAA 2021-46 (Dec. 9), FINRA ..read more
Visit website
Seven Things You Should Know About the 2023 FINRA Stats Report
Securities Arbitration Alert Blog
by Securities Arbitration Alert
6d ago
by Richard P. Ryder* FINRA’s Dispute Resolution Services (“FINRA-DR”) issued its December (and year-end 2023) statistical report in late January. Here’s the link to find the report. Our purpose here is to analyze that report with a view to making observations about the process, the forum, and future caseloads. The article employs the editorial “we,” but the views expressed about the report are mine alone. We use the statistics to project, surmise and predict, none of which is far from being an opinion, so a disclaimer seems appropriate when one rakes over the statistical “coals” that remain fr ..read more
Visit website
Dissent Provides a Primer on FAA Preemption of California Law
Securities Arbitration Alert Blog
by Securities Arbitration Alert
2w ago
By George H. Friedman, SAA Publisher & Editor-in-Chief We cover a recent decision out of California not for the holding, but for the scathing dissent. Justice John Shepard Wiley Jr.’s dissent in Hohenshelt v. Superior Court, No. B327524 (Calif. Ct. App. 2 Feb. 27, 2024), offers an excellent primer on SCOTUS decisions on Federal Arbitration Act preemption of California law disadvantaging arbitration. We repeat below essentially verbatim its core (brackets and ellipses in original). Statute in Question Enacted in 2019, California Code of Civil Procedure sections 1281.97 and 1281.98: “provid ..read more
Visit website
SCOTUS Hears Oral Argument in Suski
Securities Arbitration Alert Blog
by Securities Arbitration Alert
3w ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The Supreme Court heard oral argument February 28 in Coinbase v. Suski, No. 23-3, the second case involving arbitration heard this month. The other case is Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51, which was heard February 20 (ed: see our February 21 blog post). The Suski audio is here and the transcript can be found here. Certiorari Petition Recall that we reported in SAA 2023-25 (Jun. 29) and blogged in June 2023 that the Supreme Court had decided Coinbase, Inc. v. Bielski, No. 22-105, ruling mostly along ideological li ..read more
Visit website
SCOTUS Hears Oral Argument in Bissonnette
Securities Arbitration Alert Blog
by Securities Arbitration Alert
1M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The Supreme Court heard oral argument this week in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51, one of two cases involving arbitration being heard this month. As reported in SAA 2024-05 (Feb. 15), the Supreme Court on February 20 heard the oral argument in Bissonnette. The audio is here and the transcript can be found here. Certiorari Petition The July 2023 Petition states: “The Federal Arbitration Act exempts the ‘contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or int ..read more
Visit website
California Court Defines “Dispute” in EFASASHA
Securities Arbitration Alert Blog
by Securities Arbitration Alert
1M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief A California appellate court rules that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Act” or “EFASASHA”) can be applied retroactively, where the employee’s claim was asserted after the law’s effective date. As we have reported many times, President Biden on March 3, 2022 signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which expressly amended the Federal Arbitration Act (“FAA”) to make this class of predispute arbitration agreements (“PDAAs”) voidable at the option ..read more
Visit website
Amicus Briefs Aplenty in Bissonnette and Suski
Securities Arbitration Alert Blog
by Securities Arbitration Alert
1M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief With oral arguments just weeks away, the amicus briefs have been piling up. We reported in SAa 2024-03 (Jan. 18) that the Supreme Court had set February oral arguments in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51 and Coinbase v. Suski, No. 23-3, two cases involving arbitration in which Certiorari was previously granted. The February calendar shows that Bissonette will be heard Tuesday February 20 and Suski on Wednesday February 28. We recap below, borrowing heavily from our past coverage. Bissonnette As reported in SAA 202 ..read more
Visit website
California Court Enforces Clickwrap Agreement Containing Arbitration Clause with Delegation
Securities Arbitration Alert Blog
by secadmin
2M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The Court in Jane Doe #1 (I.G.) v. Massage Envy Franchising, LLC, 2023 WL 8801517 (Cal. Ct. App. Dec. 20, 2023), enforces an online “clickwrap” agreement containing a predispute arbitration agreement (“PDAA”) with a delegation provision, and rules that the arbitrator is to decide unconscionability issues. Online PDAA in Massage Scheduling App’s TOS First, the facts: “Plaintiff Jane Doe #1 (I.G.) alleges that she was sexually assaulted by a massage therapist at a location franchised by Defendants Massage Envy Franchising, LLC, and ME S ..read more
Visit website
SCOTUS Sets February Oral Arguments in Two Arbitration-Centric Cases and Grants Certiorari in a New One
Securities Arbitration Alert Blog
by Securities Arbitration Alert
2M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The Supreme Court has set February oral arguments in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51 and Coinbase v. Suski, No. 23-3, two cases involving arbitration in which Certiorari was previously granted. The February calendar shows that Bissonette will be heard Tuesday February 20 and Suski on Wednesday February 28. The Court also granted certiorari in another arbitration-related case. Bissonnette As reported in SAA 2023-38 (Oct. 5), the Court granted Certiorari in Bissonnette v. LePage Bakeries Park St. LLC, No. 23-51, wh ..read more
Visit website
SEC Approves FINRA’s Proposed Changes to Non-Attorney Rep Rule
Securities Arbitration Alert Blog
by Securities Arbitration Alert
2M ago
By George H. Friedman, SAA Publisher & Editor-in-Chief The SEC has approved FINRA’s proposal to amend the non-attorney representation rules. As reported in SAA 2023-40 (Oct. 26), the authority on October 5 filed SR-FINRA-2023-013, Proposed Rule Change to Amend the Codes of Arbitration Procedure and Code of Mediation Procedure to Revise and Restate the Qualifications for Representatives in Arbitrations and Mediations. The text states that the intent is to amend the Codes to (ed: repeated verbatim; bullet format added): revise and restate the qualifications for representatives in arbitratio ..read more
Visit website

Follow Securities Arbitration Alert Blog on FeedSpot

Continue with Google
Continue with Apple
OR