Mediation Power: Court Orders 3M CEO/Board Chair to Participate in Mediation
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The judge managing a complex multi-party litigation has directed senior management of 3M to appear personally at a mediation session.

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Valelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
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By James L. Komie

The terms and conditions of an electronically signed account agreement were “reasonably conspicuous” and thus binding on the customer even though she had to scroll down the page to see the relevant terms.

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Bayles v. Evans
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By Christopher G. Lazarini

*A non-signatory is estopped from cherry-picking parts of a contract she finds beneficial, while ignoring those she would prefer not apply,

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Liu v. SEC
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By Burton W. Wiand

Disgorgement, as an SEC enforcement remedy, is permissible, given that courts observe restrictions that might otherwise make the disgorgement order a “penalty.”

Liu vs.

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Edmund F. Turek Trust IMA v. PNC Bank, NA
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By Christopher G. Lazarini

When considering a FRCP 12(c) motion for judgment on the pleadings, the court construes the complaint in the light most favorable to the plaintiff,

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Bufkin v. Scottrade, Inc.
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By Burton W. Wiand

Claims by a customer relating to the freezing of account assets, their liquidation and turnover to IRS are subject to arbitration under the account agreement.

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