SCOTUS Hears Oral Argument in Coinbase
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court heard oral argument this week in Coinbase, Inc. v. Bielski,

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Reminder: Oral Argument in Coinbase is March 21. What You Need to Know
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Reminder: Oral Argument in Coinbase is March 21. What You Need to Know

Reminder: as reported in SAA 2023-07 (Feb. 16), the Supreme Court has set for Tuesday,

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Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court
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By Harry A. Jacobowitz, Esq.**

A U.S. Court of Appeals holds that the Supreme Court’s effective vindication exception to the enforcement of arbitration agreements applies to an arbitration agreement that prevents a defined compensation retirement plan participant from pursuing plan-wide remedies.

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Strict Atalese Standard Doesn’t Apply to PDAA Between Sophisticated Parties
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By George H. Friedman, SAA Publisher & Editor-in-Chief

In a case of first impression, the New Jersey Appellate Division holds that the strict “waiver of jury trial” requirement for predispute arbitration agreements (“PDAA”) involving consumers articulated in Atalese and its progeny does not apply to PDAAs between sophisticated parties of relatively equal bargaining positions.

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Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).

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FINRA’s New Expungement Rules – Balancing Interests But Adding Roadblocks
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By David E. Robbins[1]

Assuming  SEC approval, FINRA’s significant changes to its expungement procedures will be implemented some time this year.

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