Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field?
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By George H. Friedman, SAA Publisher & Editor-in-Chief

This is less a letter from the editor and more your editor’s musings, but I wonder whether we are seeing the start of a tectonic shift on mandatory predispute arbitration agreements (“PDAA”) in the financial services field?

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SCOTUS Grants Certiorari in Badgerow. At Issue: The “Look Through” Standard
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As reported in SAA 2021-19 (May 20), the Supreme Court on May 17 granted Certiorari in a case involving application of the “look-through” standard.

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SEC’s Gensler Again Grilled on Mandatory Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

For the second time in the past few months, SEC Chair Gensler was asked to articulate his views on mandatory securities arbitration,

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FINRA Issues Reg Notice on “Do’s and Don’ts” of PDAA Use in Customer Agreements
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By George H. Friedman, SAA Publisher & Editor-in-Chief

FINRA has issued a Regulatory Notice reminding industry parties on the proper use of predispute arbitration agreements (“PDAA”) in customer account agreements.

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Supreme Court Declines to Engage in the Interpretation of “Engaged in Commerce”
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By Ruben Huertero*

It is hornbook law that the Federal Arbitration Act (“FAA”) enforces predispute arbitration agreements involving just a hint of interstate commerce.

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GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Government Accountability Office (“GAO”) has released a Report concluding that the presence of predispute arbitration agreements (“PDAA”) has definitely impacted servicemembers in consumer and employment matters,

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